<html><body><pre>[107th Congress Public Law 56]
[From the U.S. Government Printing Office]


&lt;DOC&gt;
[DOCID: f:publ056.107]


[[Page 271]]

    UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS 
 REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM (USA PATRIOT ACT) ACT OF 
                                  2001

[[Page 115 STAT. 272]]

Public Law 107-56
107th Congress

                                 An Act


 
 To deter and punish terrorist acts in the United States and around the 
  world, to enhance law enforcement investigatory tools, and for other 
            purposes. &lt;&lt;NOTE: Oct. 26, 2001 -  [H.R. 3162]&gt;&gt; 

    Be it enacted by the Senate and House of Representatives of the 
United States of America &lt;&lt;NOTE: Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism 
(USA PATRIOT ACT) Act of 2001.&gt;&gt; in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short &lt;&lt;NOTE: 18 USC 1 note.&gt;&gt; Title.--This Act may be cited as 
the ``Uniting and Strengthening America by Providing Appropriate Tools 
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
2001''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Construction; severability.

         TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

Sec. 101. Counterterrorism fund.
Sec. 102. Sense of Congress condemning discrimination against Arab and 
           Muslim Americans.
Sec. 103. Increased funding for the technical support center at the 
           Federal Bureau of Investigation.
Sec. 104. Requests for military assistance to enforce prohibition in 
           certain emergencies.
Sec. 105. Expansion of National Electronic Crime Task Force Initiative.
Sec. 106. Presidential authority.

               TITLE II--ENHANCED SURVEILLANCE PROCEDURES

Sec. 201. Authority to intercept wire, oral, and electronic 
           communications relating to terrorism.
Sec. 202. Authority to intercept wire, oral, and electronic 
           communications relating to computer fraud and abuse offenses.
Sec. 203. Authority to share criminal investigative information.
Sec. 204. Clarification of intelligence exceptions from limitations on 
           interception and disclosure of wire, oral, and electronic 
           communications.
Sec. 205. Employment of translators by the Federal Bureau of 
           Investigation.
Sec. 206. Roving surveillance authority under the Foreign Intelligence 
           Surveillance Act of 1978.
Sec. 207. Duration of FISA surveillance of non-United States persons who 
           are agents of a foreign power.
Sec. 208. Designation of judges.
Sec. 209. Seizure of voice-mail messages pursuant to warrants.
Sec. 210. Scope of subpoenas for records of electronic communications.
Sec. 211. Clarification of scope.
Sec. 212. Emergency disclosure of electronic communications to protect 
           life and limb.
Sec. 213. Authority for delaying notice of the execution of a warrant.
Sec. 214. Pen register and trap and trace authority under FISA.
Sec. 215. Access to records and other items under the Foreign 
           Intelligence Surveillance Act.
Sec. 216. Modification of authorities relating to use of pen registers 
           and trap and trace devices.

[[Page 115 STAT. 273]]

Sec. 217. Interception of computer trespasser communications.
Sec. 218. Foreign intelligence information.
Sec. 219. Single-jurisdiction search warrants for terrorism.
Sec. 220. Nationwide service of search warrants for electronic evidence.
Sec. 221. Trade sanctions.
Sec. 222. Assistance to law enforcement agencies.
Sec. 223. Civil liability for certain unauthorized disclosures.
Sec. 224. Sunset.
Sec. 225. Immunity for compliance with FISA wiretap.

 TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST 
                          FINANCING ACT OF 2001

Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. 4-year congressional review; expedited consideration.

 Subtitle A--International Counter Money Laundering and Related Measures

Sec. 311. Special measures for jurisdictions, financial institutions, or 
           international transactions of primary money laundering 
           concern.
Sec. 312. Special due diligence for correspondent accounts and private 
           banking accounts.
Sec. 313. Prohibition on United States correspondent accounts with 
           foreign shell banks.
Sec. 314. Cooperative efforts to deter money laundering.
Sec. 315. Inclusion of foreign corruption offenses as money laundering 
           crimes.
Sec. 316. Anti-terrorist forfeiture protection.
Sec. 317. Long-arm jurisdiction over foreign money launderers.
Sec. 318. Laundering money through a foreign bank.
Sec. 319. Forfeiture of funds in United States interbank accounts.
Sec. 320. Proceeds of foreign crimes.
Sec. 321. Financial institutions specified in subchapter II of chapter 
           53 of title 31, United States code.
Sec. 322. Corporation represented by a fugitive.
Sec. 323. Enforcement of foreign judgments.
Sec. 324. Report and recommendation.
Sec. 325. Concentration accounts at financial institutions.
Sec. 326. Verification of identification.
Sec. 327. Consideration of anti-money laundering record.
Sec. 328. International cooperation on identification of originators of 
           wire transfers.
Sec. 329. Criminal penalties.
Sec. 330. International cooperation in investigations of money 
           laundering, financial crimes, and the finances of terrorist 
           groups.

    Subtitle B--Bank Secrecy Act Amendments and Related Improvements

Sec. 351. Amendments relating to reporting of suspicious activities.
Sec. 352. Anti-money laundering programs.
Sec. 353. Penalties for violations of geographic targeting orders and 
           certain recordkeeping requirements, and lengthening effective 
           period of geographic targeting orders.
Sec. 354. Anti-money laundering strategy.
Sec. 355. Authorization to include suspicions of illegal activity in 
           written employment references.
Sec. 356. Reporting of suspicious activities by securities brokers and 
           dealers; investment company study.
Sec. 357. Special report on administration of bank secrecy provisions.
Sec. 358. Bank secrecy provisions and activities of United States 
           intelligence agencies to fight international terrorism.
Sec. 359. Reporting of suspicious activities by underground banking 
           systems.
Sec. 360. Use of authority of United States Executive Directors.
Sec. 361. Financial crimes enforcement network.
Sec. 362. Establishment of highly secure network.
Sec. 363. Increase in civil and criminal penalties for money laundering.
Sec. 364. Uniform protection authority for Federal Reserve facilities.
Sec. 365. Reports relating to coins and currency received in 
           nonfinancial trade or business.
Sec. 366. Efficient use of currency transaction report system.

               Subtitle C--Currency Crimes and Protection

Sec. 371. Bulk cash smuggling into or out of the United States.
Sec. 372. Forfeiture in currency reporting cases.

[[Page 115 STAT. 274]]

Sec. 373. Illegal money transmitting businesses.
Sec. 374. Counterfeiting domestic currency and obligations.
Sec. 375. Counterfeiting foreign currency and obligations.
Sec. 376. Laundering the proceeds of terrorism.
Sec. 377. Extraterritorial jurisdiction.

                     TITLE IV--PROTECTING THE BORDER

               Subtitle A--Protecting the Northern Border

Sec. 401. Ensuring adequate personnel on the northern border.
Sec. 402. Northern border personnel.
Sec. 403. Access by the Department of State and the INS to certain 
           identifying information in the criminal history records of 
           visa applicants and applicants for admission to the United 
           States.
Sec. 404. Limited authority to pay overtime.
Sec. 405. Report on the integrated automated fingerprint identification 
           system for ports of entry and overseas consular posts.

               Subtitle B--Enhanced Immigration Provisions

Sec. 411. Definitions relating to terrorism.
Sec. 412. Mandatory detention of suspected terrorists; habeas corpus; 
           judicial review.
Sec. 413. Multilateral cooperation against terrorists.
Sec. 414. Visa integrity and security.
Sec. 415. Participation of Office of Homeland Security on Entry-Exit 
           Task Force.
Sec. 416. Foreign student monitoring program.
Sec. 417. Machine readable passports.
Sec. 418. Prevention of consulate shopping.

    Subtitle C--Preservation of Immigration Benefits for Victims of 
                                Terrorism

Sec. 421. Special immigrant status.
Sec. 422. Extension of filing or reentry deadlines.
Sec. 423. Humanitarian relief for certain surviving spouses and 
           children.
Sec. 424. ``Age-out'' protection for children.
Sec. 425. Temporary administrative relief.
Sec. 426. Evidence of death, disability, or loss of employment.
Sec. 427. No benefits to terrorists or family members of terrorists.
Sec. 428. Definitions.

         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

Sec. 501. Attorney General's authority to pay rewards to combat 
           terrorism.
Sec. 502. Secretary of State's authority to pay rewards.
Sec. 503. DNA identification of terrorists and other violent offenders.
Sec. 504. Coordination with law enforcement.
Sec. 505. Miscellaneous national security authorities.
Sec. 506. Extension of Secret Service jurisdiction.
Sec. 507. Disclosure of educational records.
Sec. 508. Disclosure of information from NCES surveys.

 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, 
                           AND THEIR FAMILIES

          Subtitle A--Aid to Families of Public Safety Officers

Sec. 611. Expedited payment for public safety officers involved in the 
           prevention, investigation, rescue, or recovery efforts 
           related to a terrorist attack.
Sec. 612. Technical correction with respect to expedited payments for 
           heroic public safety officers.
Sec. 613. Public safety officers benefit program payment increase.
Sec. 614. Office of Justice programs.

       Subtitle B--Amendments to the Victims of Crime Act of 1984

Sec. 621. Crime victims fund.
Sec. 622. Crime victim compensation.
Sec. 623. Crime victim assistance.
Sec. 624. Victims of terrorism.

  TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE 
                               PROTECTION

Sec. 701. Expansion of regional information sharing system to facilitate 
           Federal-State-local law enforcement response related to 
           terrorist attacks.

[[Page 115 STAT. 275]]

      TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

Sec. 801. Terrorist attacks and other acts of violence against mass 
           transportation systems.
Sec. 802. Definition of domestic terrorism.
Sec. 803. Prohibition against harboring terrorists.
Sec. 804. Jurisdiction over crimes committed at U.S. facilities abroad.
Sec. 805. Material support for terrorism.
Sec. 806. Assets of terrorist organizations.
Sec. 807. Technical clarification relating to provision of material 
           support to terrorism.
Sec. 808. Definition of Federal crime of terrorism.
Sec. 809. No statute of limitation for certain terrorism offenses.
Sec. 810. Alternate maximum penalties for terrorism offenses.
Sec. 811. Penalties for terrorist conspiracies.
Sec. 812. Post-release supervision of terrorists.
Sec. 813. Inclusion of acts of terrorism as racketeering activity.
Sec. 814. Deterrence and prevention of cyberterrorism.
Sec. 815. Additional defense to civil actions relating to preserving 
           records in response to Government requests.
Sec. 816. Development and support of cybersecurity forensic 
           capabilities.
Sec. 817. Expansion of the biological weapons statute.

                     TITLE IX--IMPROVED INTELLIGENCE

Sec. 901. Responsibilities of Director of Central Intelligence regarding 
           foreign intelligence collected under Foreign Intelligence 
           Surveillance Act of 1978.
Sec. 902. Inclusion of international terrorist activities within scope 
           of foreign intelligence under National Security Act of 1947.
Sec. 903. Sense of Congress on the establishment and maintenance of 
           intelligence relationships to acquire information on 
           terrorists and terrorist organizations.
Sec. 904. Temporary authority to defer submittal to Congress of reports 
           on intelligence and intelligence-related matters.
Sec. 905. Disclosure to Director of Central Intelligence of foreign 
           intelligence-related information with respect to criminal 
           investigations.
Sec. 906. Foreign terrorist asset tracking center.
Sec. 907. National Virtual Translation Center.
Sec. 908. Training of government officials regarding identification and 
           use of foreign intelligence.

                         TITLE X--MISCELLANEOUS

Sec. 1001. Review of the department of justice.
Sec. 1002. Sense of congress.
Sec. 1003. Definition of ``electronic surveillance''.
Sec. 1004. Venue in money laundering cases.
Sec. 1005. First responders assistance act.
Sec. 1006. Inadmissibility of aliens engaged in money laundering.
Sec. 1007. Authorization of funds for dea police training in south and 
           central asia.
Sec. 1008. Feasibility study on use of biometric identifier scanning 
           system with access to the fbi integrated automated 
           fingerprint identification system at overseas consular posts 
           and points of entry to the United States.
Sec. 1009. Study of access.
Sec. 1010. Temporary authority to contract with local and State 
           governments for performance of security functions at United 
           States military installations.
Sec. 1011. Crimes against charitable americans.
Sec. 1012. Limitation on issuance of hazmat licenses.
Sec. 1013. Expressing the sense of the senate concerning the provision 
           of funding for bioterrorism preparedness and response.
Sec. 1014. Grant program for State and local domestic preparedness 
           support.
Sec. 1015. Expansion and reauthorization of the crime identification 
           technology act for antiterrorism grants to States and 
           localities.
Sec. 1016. Critical infrastructures protection.

SEC. 2. &lt;&lt;NOTE: 18 USC 1 note.&gt;&gt; CONSTRUCTION; SEVERABILITY.

    Any provision of this Act held to be invalid or unenforceable by its 
terms, or as applied to any person or circumstance, shall be construed 
so as to give it the maximum effect permitted by law, unless such 
holding shall be one of utter invalidity or unenforceability, in which 
event such provision shall be deemed

[[Page 115 STAT. 276]]

severable from this Act and shall not affect the remainder thereof or 
the application of such provision to other persons not similarly 
situated or to other, dissimilar circumstances.

         TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

SEC. 101. &lt;&lt;NOTE: 28 USC 524 note.&gt;&gt; COUNTERTERRORISM FUND.

    (a) Establishment; Availability.--There is hereby established in the 
Treasury of the United States a separate fund to be known as the 
``Counterterrorism Fund'', amounts in which shall remain available 
without fiscal year limitation--
            (1) to reimburse any Department of Justice component for any 
        costs incurred in connection with--
                    (A) reestablishing the operational capability of an 
                office or facility that has been damaged or destroyed as 
                the result of any domestic or international terrorism 
                incident;
                    (B) providing support to counter, investigate, or 
                prosecute domestic or international terrorism, 
                including, without limitation, paying rewards in 
                connection with these activities; and
                    (C) conducting terrorism threat assessments of 
                Federal agencies and their facilities; and
            (2) to reimburse any department or agency of the Federal 
        Government for any costs incurred in connection with detaining 
        in foreign countries individuals accused of acts of terrorism 
        that violate the laws of the United States.

    (b) No Effect on Prior Appropriations.--Subsection (a) shall not be 
construed to affect the amount or availability of any appropriation to 
the Counterterrorism Fund made before the date of the enactment of this 
Act.

SEC. 102. SENSE OF CONGRESS CONDEMNING DISCRIMINATION AGAINST ARAB AND 
            MUSLIM AMERICANS.

    (a) Findings.--Congress makes the following findings:
            (1) Arab Americans, Muslim Americans, and Americans from 
        South Asia play a vital role in our Nation and are entitled to 
        nothing less than the full rights of every American.
            (2) The acts of violence that have been taken against Arab 
        and Muslim Americans since the September 11, 2001, attacks 
        against the United States should be and are condemned by all 
        Americans who value freedom.
            (3) The concept of individual responsibility for wrongdoing 
        is sacrosanct in American society, and applies equally to all 
        religious, racial, and ethnic groups.
            (4) When American citizens commit acts of violence against 
        those who are, or are perceived to be, of Arab or Muslim 
        descent, they should be punished to the full extent of the law.
            (5) Muslim Americans have become so fearful of harassment 
        that many Muslim women are changing the way they dress to avoid 
        becoming targets.
            (6) Many Arab Americans and Muslim Americans have acted 
        heroically during the attacks on the United States, including 
        Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani 
        descent, who is believed to have gone

[[Page 115 STAT. 277]]

        to the World Trade Center to offer rescue assistance and is now 
        missing.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the civil rights and civil liberties of all Americans, 
        including Arab Americans, Muslim Americans, and Americans from 
        South Asia, must be protected, and that every effort must be 
        taken to preserve their safety;
            (2) any acts of violence or discrimination against any 
        Americans be condemned; and
            (3) the Nation is called upon to recognize the patriotism of 
        fellow citizens from all ethnic, racial, and religious 
        backgrounds.

SEC. 103. INCREASED FUNDING FOR THE TECHNICAL SUPPORT CENTER AT THE 
            FEDERAL BUREAU OF INVESTIGATION.

    There are authorized to be appropriated for the Technical Support 
Center established in section 811 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132) to help meet the demands 
for activities to combat terrorism and support and enhance the technical 
support and tactical operations of the FBI, $200,000,000 for each of the 
fiscal years 2002, 2003, and 2004.

SEC. 104. REQUESTS FOR MILITARY ASSISTANCE TO ENFORCE PROHIBITION IN 
            CERTAIN EMERGENCIES.

    Section 2332e of title 18, United States Code, is amended--
            (1) by striking ``2332c'' and inserting ``2332a''; and
            (2) by striking ``chemical''.

SEC. 105. &lt;&lt;NOTE: 18 USC 3056 note.&gt;&gt; EXPANSION OF NATIONAL ELECTRONIC 
            CRIME TASK FORCE INITIATIVE.

    The Director of the United States Secret Service shall take 
appropriate actions to develop a national network of electronic crime 
task forces, based on the New York Electronic Crimes Task Force model, 
throughout the United States, for the purpose of preventing, detecting, 
and investigating various forms of electronic crimes, including 
potential terrorist attacks against critical infrastructure and 
financial payment systems.

SEC. 106. PRESIDENTIAL AUTHORITY.

    Section 203 of the International Emergency Powers Act (50 U.S.C. 
1702) is amended--
            (1) in subsection (a)(1)--
                    (A) at the end of subparagraph (A) (flush to that 
                subparagraph), by striking ``; and'' and inserting a 
                comma and the following:
        ``by any person, or with respect to any property, subject to the 
        jurisdiction of the United States;'';
                    (B) in subparagraph (B)--
                          (i) by inserting ``, block during the pendency 
                      of an investigation'' after ``investigate''; and
                          (ii) by striking ``interest;'' and inserting 
                      ``interest by any person, or with respect to any 
                      property, subject to the jurisdiction of the 
                      United States; and'';
                    (C) by striking ``by any person, or with respect to 
                any property, subject to the jurisdiction of the United 
                States`; and
                    (D) by inserting at the end the following:

[[Page 115 STAT. 278]]

                    ``(C) when the United States is engaged in armed 
                hostilities or has been attacked by a foreign country or 
                foreign nationals, confiscate any property, subject to 
                the jurisdiction of the United States, of any foreign 
                person, foreign organization, or foreign country that he 
                determines has planned, authorized, aided, or engaged in 
                such hostilities or attacks against the United States; 
                and all right, title, and interest in any property so 
                confiscated shall vest, when, as, and upon the terms 
                directed by the President, in such agency or person as 
                the President may designate from time to time, and upon 
                such terms and conditions as the President may 
                prescribe, such interest or property shall be held, 
                used, administered, liquidated, sold, or otherwise dealt 
                with in the interest of and for the benefit of the 
                United States, and such designated agency or person may 
                perform any and all acts incident to the accomplishment 
                or furtherance of these purposes.''; and
            (2) by inserting at the end the following:

    ``(c) Classified Information.--In any judicial review of a 
determination made under this section, if the determination was based on 
classified information (as defined in section 1(a) of the Classified 
Information Procedures Act) such information may be submitted to the 
reviewing court ex parte and in camera. This subsection does not confer 
or imply any right to judicial review.''.

               TITLE II--ENHANCED SURVEILLANCE PROCEDURES

SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
            COMMUNICATIONS RELATING TO TERRORISM.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by redesignating paragraph (p), as so redesignated by 
        section 434(2) of the Antiterrorism and Effective Death Penalty 
        Act of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph 
        (r); and
            (2) by inserting after paragraph (p), as so redesignated by 
        section 201(3) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 
        110 Stat. 3009-565), the following new paragraph:

    ``(q) any criminal violation of section 229 (relating to chemical 
weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this 
title (relating to terrorism); or''.

SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC 
            COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE 
            OFFENSES.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
striking ``and section 1341 (relating to mail fraud),'' and inserting 
``section 1341 (relating to mail fraud), a felony violation of section 
1030 (relating to computer fraud and abuse),''.

SEC. 203. &lt;&lt;NOTE: 18 USC app.&gt;&gt; AUTHORITY TO SHARE CRIMINAL 
            INVESTIGATIVE INFORMATION.

    (a) Authority To Share Grand Jury Information.--

[[Page 115 STAT. 279]]

            (1) In general.--Rule 6(e)(3)(C) of the Federal Rules of 
        Criminal Procedure is amended to read as follows:
                    ``(C)(i) Disclosure otherwise prohibited by this 
                rule of matters occurring before the grand jury may also 
                be made--
                          ``(I) when so directed by a court 
                      preliminarily to or in connection with a judicial 
                      proceeding;
                          ``(II) when permitted by a court at the 
                      request of the defendant, upon a showing that 
                      grounds may exist for a motion to dismiss the 
                      indictment because of matters occurring before the 
                      grand jury;
                          ``(III) when the disclosure is made by an 
                      attorney for the government to another Federal 
                      grand jury;
                          ``(IV) when permitted by a court at the 
                      request of an attorney for the government, upon a 
                      showing that such matters may disclose a violation 
                      of State criminal law, to an appropriate official 
                      of a State or subdivision of a State for the 
                      purpose of enforcing such law; or
                          ``(V) when the matters involve foreign 
                      intelligence or counterintelligence (as defined in 
                      section 3 of the National Security Act of 1947 (50 
                      U.S.C. 401a)), or foreign intelligence information 
                      (as defined in clause (iv) of this subparagraph), 
                      to any Federal law enforcement, intelligence, 
                      protective, immigration, national defense, or 
                      national security official in order to assist the 
                      official receiving that information in the 
                      performance of his official duties.
                    ``(ii) If the court orders disclosure of matters 
                occurring before the grand jury, the disclosure shall be 
                made in such manner, at such time, and under such 
                conditions as the court may direct.
                    ``(iii) Any Federal official to whom information is 
                disclosed pursuant to clause (i)(V) of this subparagraph 
                may use that information only as necessary in the 
                conduct of that person's official duties subject to any 
                limitations on the unauthorized disclosure of such 
                information. Within a reasonable time after such 
                disclosure, an attorney for the government shall file 
                under seal a notice with the court stating the fact that 
                such information was disclosed and the departments, 
                agencies, or entities to which the disclosure was made.
                    ``(iv) In clause (i)(V) of this subparagraph, the 
                term `foreign intelligence information' means--
                          ``(I) information, whether or not concerning a 
                      United States person, that relates to the ability 
                      of the United States to protect against--
                                    ``(aa) actual or potential attack or 
                                other grave hostile acts of a foreign 
                                power or an agent of a foreign power;
                                    ``(bb) sabotage or international 
                                terrorism by a foreign power or an agent 
                                of a foreign power; or
                                    ``(cc) clandestine intelligence 
                                activities by an intelligence service or 
                                network of a foreign power or by an 
                                agent of foreign power; or

[[Page 115 STAT. 280]]

                          ``(II) information, whether or not concerning 
                      a United States person, with respect to a foreign 
                      power or foreign territory that relates to--
                                    ``(aa) the national defense or the 
                                security of the United States; or
                                    ``(bb) the conduct of the foreign 
                                affairs of the United States.''.
            (2) Conforming amendment.--Rule 6(e)(3)(D) of the Federal 
        Rules of Criminal Procedure is amended by striking 
        ``(e)(3)(C)(i)'' and inserting ``(e)(3)(C)(i)(I)''.

    (b) Authority To Share Electronic, Wire, and Oral Interception 
Information.--
            (1) Law enforcement.--Section 2517 of title 18, United 
        States Code, is amended by inserting at the end the following:

    ``(6) Any investigative or law enforcement officer, or attorney for 
the Government, who by any means authorized by this chapter, has 
obtained knowledge of the contents of any wire, oral, or electronic 
communication, or evidence derived therefrom, may disclose such contents 
to any other Federal law enforcement, intelligence, protective, 
immigration, national defense, or national security official to the 
extent that such contents include foreign intelligence or 
counterintelligence (as defined in section 3 of the National Security 
Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as 
defined in subsection (19) of section 2510 of this title), to assist the 
official who is to receive that information in the performance of his 
official duties. Any Federal official who receives information pursuant 
to this provision may use that information only as necessary in the 
conduct of that person's official duties subject to any limitations on 
the unauthorized disclosure of such information.''.
            (2) Definition.--Section 2510 of title 18, United States 
        Code, is amended by--
                    (A) in paragraph (17), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (18), by striking the period and 
                inserting ``; and''; and
                    (C) by inserting at the end the following:
            ``(19) `foreign intelligence information' means--
                    ``(A) information, whether or not concerning a 
                United States person, that relates to the ability of the 
                United States to protect against--
                          ``(i) actual or potential attack or other 
                      grave hostile acts of a foreign power or an agent 
                      of a foreign power;
                          ``(ii) sabotage or international terrorism by 
                      a foreign power or an agent of a foreign power; or
                          ``(iii) clandestine intelligence activities by 
                      an intelligence service or network of a foreign 
                      power or by an agent of a foreign power; or
                    ``(B) information, whether or not concerning a 
                United States person, with respect to a foreign power or 
                foreign territory that relates to--
                          ``(i) the national defense or the security of 
                      the United States; or
                          ``(ii) the conduct of the foreign affairs of 
                      the United States.''.

    (c) Procedures.--The &lt;&lt;NOTE: 18 USC 2517 note.&gt;&gt; Attorney General 
shall establish procedures for the disclosure of information pursuant to 
section 2517(6)

[[Page 115 STAT. 281]]

and Rule 6(e)(3)(C)(i)(V) of the Federal Rules of Criminal Procedure 
that identifies a United States person, as defined in section 101 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).

    (d) Foreign &lt;&lt;NOTE: 50 USC 403-5d.&gt;&gt; Intelligence Information.--
            (1) In general.--Notwithstanding any other provision of law, 
        it shall be lawful for foreign intelligence or 
        counterintelligence (as defined in section 3 of the National 
        Security Act of 1947 (50 U.S.C. 401a)) or foreign intelligence 
        information obtained as part of a criminal investigation to be 
        disclosed to any Federal law enforcement, intelligence, 
        protective, immigration, national defense, or national security 
        official in order to assist the official receiving that 
        information in the performance of his official duties. Any 
        Federal official who receives information pursuant to this 
        provision may use that information only as necessary in the 
        conduct of that person's official duties subject to any 
        limitations on the unauthorized disclosure of such information.
            (2) Definition.--In this subsection, the term ``foreign 
        intelligence information'' means--
                    (A) information, whether or not concerning a United 
                States person, that relates to the ability of the United 
                States to protect against--
                          (i) actual or potential attack or other grave 
                      hostile acts of a foreign power or an agent of a 
                      foreign power;
                          (ii) sabotage or international terrorism by a 
                      foreign power or an agent of a foreign power; or
                          (iii) clandestine intelligence activities by 
                      an intelligence service or network of a foreign 
                      power or by an agent of a foreign power; or
                    (B) information, whether or not concerning a United 
                States person, with respect to a foreign power or 
                foreign territory that relates to--
                          (i) the national defense or the security of 
                      the United States; or
                          (ii) the conduct of the foreign affairs of the 
                      United States.

SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM LIMITATIONS ON 
            INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, AND ELECTRONIC 
            COMMUNICATIONS.

    Section 2511(2)(f) of title 18, United States Code, is amended--
            (1) by striking ``this chapter or chapter 121'' and 
        inserting ``this chapter or chapter 121 or 206 of this title''; 
        and
            (2) by striking ``wire and oral'' and inserting ``wire, 
        oral, and electronic''.

SEC. 205. &lt;&lt;NOTE: 28 USC 532 note.&gt;&gt; EMPLOYMENT OF TRANSLATORS BY THE 
            FEDERAL BUREAU OF INVESTIGATION.

    (a) Authority.--The Director of the Federal Bureau of Investigation 
is authorized to expedite the employment of personnel as translators to 
support counterterrorism investigations and operations without regard to 
applicable Federal personnel requirements and limitations.
    (b) Security Requirements.--The Director of the Federal Bureau of 
Investigation shall establish such security requirements as are 
necessary for the personnel employed as translators under subsection 
(a).

[[Page 115 STAT. 282]]

    (c) Report.--The Attorney General shall report to the Committees on 
the Judiciary of the House of Representatives and the Senate on--
            (1) the number of translators employed by the FBI and other 
        components of the Department of Justice;
            (2) any legal or practical impediments to using translators 
        employed by other Federal, State, or local agencies, on a full, 
        part-time, or shared basis; and
            (3) the needs of the FBI for specific translation services 
        in certain languages, and recommendations for meeting those 
        needs.

SEC. 206. ROVING SURVEILLANCE AUTHORITY UNDER THE FOREIGN INTELLIGENCE 
            SURVEILLANCE ACT OF 1978.

    Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1805(c)(2)(B)) is amended by inserting ``, or in 
circumstances where the Court finds that the actions of the target of 
the application may have the effect of thwarting the identification of a 
specified person, such other persons,'' after ``specified person''.

SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS WHO 
            ARE AGENTS OF A FOREIGN POWER.

    (a) Duration.--
            (1) Surveillance.--Section 105(e)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is 
        amended by--
                    (A) inserting ``(A)'' after ``except that''; and
                    (B) inserting before the period the following: ``, 
                and (B) an order under this Act for a surveillance 
                targeted against an agent of a foreign power, as defined 
                in section 101(b)(1)(A) may be for the period specified 
                in the application or for 120 days, whichever is less''.

    (2) Physical Search.--Section 304(d)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1824(d)(1)) is amended by--
            (A) striking ``forty-five'' and inserting ``90'';
            (B) inserting ``(A)'' after ``except that''; and
            (C) inserting before the period the following: ``, and (B) 
        an order under this section for a physical search targeted 
        against an agent of a foreign power as defined in section 
        101(b)(1)(A) may be for the period specified in the application 
        or for 120 days, whichever is less''.

    (b) Extension.--
            (1) In general.--Section 105(d)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)(2)) is 
        amended by--
                    (A) inserting ``(A)'' after ``except that''; and
                    (B) inserting before the period the following: ``, 
                and (B) an extension of an order under this Act for a 
                surveillance targeted against an agent of a foreign 
                power as defined in section 101(b)(1)(A) may be for a 
                period not to exceed 1 year''.
            (2) Defined term.--Section 304(d)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)(2) is 
        amended by inserting after ``not a United States person,'' the 
        following: ``or against an agent of a foreign power as defined 
        in section 101(b)(1)(A),''.

[[Page 115 STAT. 283]]

SEC. 208. DESIGNATION OF JUDGES.

    Section 103(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803(a)) is amended by--
            (1) striking ``seven district court judges'' and inserting 
        ``11 district court judges''; and
            (2) inserting ``of whom no fewer than 3 shall reside within 
        20 miles of the District of Columbia'' after ``circuits''.

SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES PURSUANT TO WARRANTS.

    Title 18, United States Code, is amended--
            (1) in section 2510--
                    (A) in paragraph (1), by striking beginning with 
                ``and such'' and all that follows through 
                ``communication''; and
                    (B) in paragraph (14), by inserting ``wire or'' 
                after ``transmission of''; and
            (2) in subsections (a) and (b) of section 2703--
                    (A) by striking ``Contents of electronic'' and 
                inserting ``Contents of wire or electronic'' each place 
                it appears;
                    (B) by striking ``contents of an electronic'' and 
                inserting ``contents of a wire or electronic'' each 
                place it appears; and
                    (C) by striking ``any electronic'' and inserting 
                ``any wire or electronic'' each place it appears.

SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS OF ELECTRONIC COMMUNICATIONS.

    Section 2703(c)(2) of title 18, United States Code, as redesignated 
by section 212, is amended--
            (1) by striking ``entity the name, address, local and long 
        distance telephone toll billing records, telephone number or 
        other subscriber number or identity, and length of service of a 
        subscriber'' and inserting the following: ``entity the--
            ``(A) name;
            ``(B) address;
            ``(C) local and long distance telephone connection records, 
        or records of session times and durations;
            ``(D) length of service (including start date) and types of 
        service utilized;
            ``(E) telephone or instrument number or other subscriber 
        number or identity, including any temporarily assigned network 
        address; and
            ``(F) means and source of payment for such service 
        (including any credit card or bank account number),

of a subscriber''; and
            (2) by striking ``and the types of services the subscriber 
        or customer utilized,''.

SEC. 211. CLARIFICATION OF SCOPE.

    Section 631 of the Communications Act of 1934 (47 U.S.C. 551) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (B), by striking ``or'';
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by inserting at the end the following:

[[Page 115 STAT. 284]]

            ``(D) to a government entity as authorized under chapters 
        119, 121, or 206 of title 18, United States Code, except that 
        such disclosure shall not include records revealing cable 
        subscriber selection of video programming from a cable 
        operator.''; and
            (2) in subsection (h), by striking ``A governmental entity'' 
        and inserting ``Except as provided in subsection (c)(2)(D), a 
        governmental entity''.

SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT 
            LIFE AND LIMB.

    (a) Disclosure of Contents.--
            (1) In general.--Section 2702 of title 18, United States 
        Code, is amended--
                    (A) by striking the section heading and inserting 
                the following:

``Sec. 2702. Voluntary disclosure of customer communications or 
                        records'';

                    (B) in subsection (a)--
                          (i) in paragraph (2)(A), by striking ``and'' 
                      at the end;
                          (ii) in paragraph (2)(B), by striking the 
                      period and inserting ``; and''; and
                          (iii) by inserting after paragraph (2) the 
                      following:
            ``(3) a provider of remote computing service or electronic 
        communication service to the public shall not knowingly divulge 
        a record or other information pertaining to a subscriber to or 
        customer of such service (not including the contents of 
        communications covered by paragraph (1) or (2)) to any 
        governmental entity.'';
                    (C) in subsection (b), by striking ``Exceptions.--A 
                person or entity'' and inserting ``Exceptions for 
                disclosure of communications.-- A provider described in 
                subsection (a)'';
                    (D) in subsection (b)(6)--
                          (i) in subparagraph (A)(ii), by striking 
                      ``or'';
                          (ii) in subparagraph (B), by striking the 
                      period and inserting ``; or''; and
                          (iii) by adding after subparagraph (B) the 
                      following:
                    ``(C) if the provider reasonably believes that an 
                emergency involving immediate danger of death or serious 
                physical injury to any person requires disclosure of the 
                information without delay.''; and
                    (E) by inserting after subsection (b) the following:

    ``(c) Exceptions for Disclosure of Customer Records.--A provider 
described in subsection (a) may divulge a record or other information 
pertaining to a subscriber to or customer of such service (not including 
the contents of communications covered by subsection (a)(1) or (a)(2))--
            ``(1) as otherwise authorized in section 2703;
            ``(2) with the lawful consent of the customer or subscriber;
            ``(3) as may be necessarily incident to the rendition of the 
        service or to the protection of the rights or property of the 
        provider of that service;

[[Page 115 STAT. 285]]

            ``(4) to a governmental entity, if the provider reasonably 
        believes that an emergency involving immediate danger of death 
        or serious physical injury to any person justifies disclosure of 
        the information; or
            ``(5) to any person other than a governmental entity.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 121 of title 18, United States Code, is 
        amended by striking the item relating to section 2702 and 
        inserting the following:

``2702. Voluntary disclosure of customer communications or records.''.

    (b) Requirements for Government Access.--
            (1) In general.--Section 2703 of title 18, United States 
        Code, is amended--
                    (A) by striking the section heading and inserting 
                the following:

``Sec. 2703. Required disclosure of customer communications or 
                        records'';

                    (B) in subsection (c) by redesignating paragraph (2) 
                as paragraph (3);
                    (C) in subsection (c)(1)--
                          (i) by striking ``(A) Except as provided in 
                      subparagraph (B), a provider of electronic 
                      communication service or remote computing service 
                      may'' and inserting ``A governmental entity may 
                      require a provider of electronic communication 
                      service or remote computing service to'';
                          (ii) by striking ``covered by subsection (a) 
                      or (b) of this section) to any person other than a 
                      governmental entity.
                    ``(B) A provider of electronic communication service 
                or remote computing service shall disclose a record or 
                other information pertaining to a subscriber to or 
                customer of such service (not including the contents of 
                communications covered by subsection (a) or (b) of this 
                section) to a governmental entity'' and inserting ``)'';
                          (iii) by redesignating subparagraph (C) as 
                      paragraph (2);
                          (iv) by redesignating clauses (i), (ii), 
                      (iii), and (iv) as subparagraphs (A), (B), (C), 
                      and (D), respectively;
                          (v) in subparagraph (D) (as redesignated) by 
                      striking the period and inserting ``; or''; and
                          (vi) by inserting after subparagraph (D) (as 
                      redesignated) the following:
                    ``(E) seeks information under paragraph (2).''; and
                    (D) in paragraph (2) (as redesignated) by striking 
                ``subparagraph (B)'' and insert ``paragraph (1)''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 121 of title 18, United States Code, is 
        amended by striking the item relating to section 2703 and 
        inserting the following:

``2703. Required disclosure of customer communications or records.''.

SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.

    Section 3103a of title 18, United States Code, is amended--

[[Page 115 STAT. 286]]

            (1) by inserting ``(a) In General.--'' before ``In 
        addition''; and
            (2) by adding at the end the following:

    ``(b) Delay.--With respect to the issuance of any warrant or court 
order under this section, or any other rule of law, to search for and 
seize any property or material that constitutes evidence of a criminal 
offense in violation of the laws of the United States, any notice 
required, or that may be required, to be given may be delayed if--
            ``(1) the court finds reasonable cause to believe that 
        providing immediate notification of the execution of the warrant 
        may have an adverse result (as defined in section 2705);
            ``(2) the warrant prohibits the seizure of any tangible 
        property, any wire or electronic communication (as defined in 
        section 2510), or, except as expressly provided in chapter 121, 
        any stored wire or electronic information, except where the 
        court finds reasonable necessity for the seizure; and
            ``(3) the warrant provides for the giving of such notice 
        within a reasonable period of its execution, which period may 
        thereafter be extended by the court for good cause shown.''.

SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHORITY UNDER FISA.

    (a) Applications and Orders.--Section 402 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended--
            (1) in subsection (a)(1), by striking ``for any 
        investigation to gather foreign intelligence information or 
        information concerning international terrorism'' and inserting 
        ``for any investigation to obtain foreign intelligence 
        information not concerning a United States person or to protect 
        against international terrorism or clandestine intelligence 
        activities, provided that such investigation of a United States 
        person is not conducted solely upon the basis of activities 
        protected by the first amendment to the Constitution'';
            (2) by amending subsection (c)(2) to read as follows:
            ``(2) a certification by the applicant that the information 
        likely to be obtained is foreign intelligence information not 
        concerning a United States person or is relevant to an ongoing 
        investigation to protect against international terrorism or 
        clandestine intelligence activities, provided that such 
        investigation of a United States person is not conducted solely 
        upon the basis of activities protected by the first amendment to 
        the Constitution.'';
            (3) by striking subsection (c)(3); and
            (4) by amending subsection (d)(2)(A) to read as follows:
                    ``(A) shall specify--
                          ``(i) the identity, if known, of the person 
                      who is the subject of the investigation;
                          ``(ii) the identity, if known, of the person 
                      to whom is leased or in whose name is listed the 
                      telephone line or other facility to which the pen 
                      register or trap and trace device is to be 
                      attached or applied;
                          ``(iii) the attributes of the communications 
                      to which the order applies, such as the number or 
                      other identifier, and, if known, the location of 
                      the telephone line or other facility to which the 
                      pen register or trap and trace device is to be 
                      attached or applied and,

[[Page 115 STAT. 287]]

                      in the case of a trap and trace device, the 
                      geographic limits of the trap and trace order.''.

    (b) Authorization During Emergencies.--Section 403 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
            (1) in subsection (a), by striking ``foreign intelligence 
        information or information concerning international terrorism'' 
        and inserting ``foreign intelligence information not concerning 
        a United States person or information to protect against 
        international terrorism or clandestine intelligence activities, 
        provided that such investigation of a United States person is 
        not conducted solely upon the basis of activities protected by 
        the first amendment to the Constitution''; and
            (2) in subsection (b)(1), by striking ``foreign intelligence 
        information or information concerning international terrorism'' 
        and inserting ``foreign intelligence information not concerning 
        a United States person or information to protect against 
        international terrorism or clandestine intelligence activities, 
        provided that such investigation of a United States person is 
        not conducted solely upon the basis of activities protected by 
        the first amendment to the Constitution''.

SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN 
            INTELLIGENCE SURVEILLANCE ACT.

    Title V of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 and 
inserting the following:

``SEC. 501. &lt;&lt;NOTE: 50 USC 1861.&gt;&gt; ACCESS TO CERTAIN BUSINESS RECORDS 
            FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM 
            INVESTIGATIONS.

    ``(a)(1) The Director of the Federal Bureau of Investigation or a 
designee of the Director (whose rank shall be no lower than Assistant 
Special Agent in Charge) may make an application for an order requiring 
the production of any tangible things (including books, records, papers, 
documents, and other items) for an investigation to protect against 
international terrorism or clandestine intelligence activities, provided 
that such investigation of a United States person is not conducted 
solely upon the basis of activities protected by the first amendment to 
the Constitution.
    ``(2) An investigation conducted under this section shall--
            ``(A) be conducted under guidelines approved by the Attorney 
        General under Executive Order 12333 (or a successor order); and
            ``(B) not be conducted of a United States person solely upon 
        the basis of activities protected by the first amendment to the 
        Constitution of the United States.

    ``(b) Each application under this section--
            ``(1) shall be made to--
                    ``(A) a judge of the court established by section 
                103(a); or
                    ``(B) a United States Magistrate Judge under chapter 
                43 of title 28, United States Code, who is publicly 
                designated by the Chief Justice of the United States to 
                have the power to hear applications and grant orders for 
                the production of tangible things under this section on 
                behalf of a judge of that court; and

[[Page 115 STAT. 288]]

            ``(2) shall specify that the records concerned are sought 
        for an authorized investigation conducted in accordance with 
        subsection (a)(2) to obtain foreign intelligence information not 
        concerning a United States person or to protect against 
        international terrorism or clandestine intelligence activities.

    ``(c)(1) Upon an application made pursuant to this section, the 
judge shall enter an ex parte order as requested, or as modified, 
approving the release of records if the judge finds that the application 
meets the requirements of this section.
    ``(2) An order under this subsection shall not disclose that it is 
issued for purposes of an investigation described in subsection (a).
    ``(d) No person shall disclose to any other person (other than those 
persons necessary to produce the tangible things under this section) 
that the Federal Bureau of Investigation has sought or obtained tangible 
things under this section.
    ``(e) A person who, in good faith, produces tangible things under an 
order pursuant to this section shall not be liable to any other person 
for such production. Such production shall not be deemed to constitute a 
waiver of any privilege in any other proceeding or context.

``SEC. 502. &lt;&lt;NOTE: 50 USC 1862.&gt;&gt; CONGRESSIONAL OVERSIGHT.

    ``(a) On a semiannual basis, the Attorney General shall fully inform 
the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the Senate 
concerning all requests for the production of tangible things under 
section 402.
    ``(b) On a semiannual basis, the Attorney General shall provide to 
the Committees on the Judiciary of the House of Representatives and the 
Senate a report setting forth with respect to the preceding 6-month 
period--
            ``(1) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 402; and
            ``(2) the total number of such orders either granted, 
        modified, or denied.''.

SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS 
            AND TRAP AND TRACE DEVICES.

    (a) General Limitations.--Section 3121(c) of title 18, United States 
Code, is amended--
            (1) by inserting ``or trap and trace device'' after ``pen 
        register'';
            (2) by inserting ``, routing, addressing,'' after 
        ``dialing''; and
            (3) by striking ``call processing'' and inserting ``the 
        processing and transmitting of wire or electronic communications 
        so as not to include the contents of any wire or electronic 
        communications''.

    (b) Issuance of Orders.--
            (1) In general.--Section 3123(a) of title 18, United States 
        Code, is amended to read as follows:

    ``(a) In General.--
            ``(1) Attorney for the government.--Upon an application made 
        under section 3122(a)(1), the court shall enter an ex parte 
        order authorizing the installation and use of a pen register or 
        trap and trace device anywhere within the United States, if the 
        court finds that the attorney for the Government

[[Page 115 STAT. 289]]

        has certified to the court that the information likely to be 
        obtained by such installation and use is relevant to an ongoing 
        criminal investigation. The order, upon service of that order, 
        shall apply to any person or entity providing wire or electronic 
        communication service in the United States whose assistance may 
        facilitate the execution of the order. Whenever such an order is 
        served on any person or entity not specifically named in the 
        order, upon request of such person or entity, the attorney for 
        the Government or law enforcement or investigative officer that 
        is serving the order shall provide written or electronic 
        certification that the order applies to the person or entity 
        being served.
            ``(2) State investigative or law enforcement officer.--Upon 
        an application made under section 3122(a)(2), the court shall 
        enter an ex parte order authorizing the installation and use of 
        a pen register or trap and trace device within the jurisdiction 
        of the court, if the court finds that the State law enforcement 
        or investigative officer has certified to the court that the 
        information likely to be obtained by such installation and use 
        is relevant to an ongoing criminal investigation.
            ``(3)(A) Where the law enforcement agency implementing an ex 
        parte order under this subsection seeks to do so by installing 
        and using its own pen register or trap and trace device on a 
        packet-switched data network of a provider of electronic 
        communication service to the public, the agency shall ensure 
        that a record will be maintained which will identify--
                    ``(i) any officer or officers who installed the 
                device and any officer or officers who accessed the 
                device to obtain information from the network;
                    ``(ii) the date and time the device was installed, 
                the date and time the device was uninstalled, and the 
                date, time, and duration of each time the device is 
                accessed to obtain information;
                    ``(iii) the configuration of the device at the time 
                of its installation and any subsequent modification 
                thereof; and
                    ``(iv) any information which has been collected by 
                the device.
        To the extent that the pen register or trap and trace device can 
        be set automatically to record this information electronically, 
        the record shall be maintained electronically throughout the 
        installation and use of such device.
            ``(B) The record maintained under subparagraph (A) shall be 
        provided ex parte and under seal to the court which entered the 
        ex parte order authorizing the installation and use of the 
        device within 30 days after termination of the order (including 
        any extensions thereof).''.
            (2) Contents of order.--Section 3123(b)(1) of title 18, 
        United States Code, is amended--
                    (A) in subparagraph (A)--
                          (i) by inserting ``or other facility'' after 
                      ``telephone line''; and
                          (ii) by inserting before the semicolon at the 
                      end ``or applied''; and
                    (B) by striking subparagraph (C) and inserting the 
                following:

[[Page 115 STAT. 290]]

                    ``(C) the attributes of the communications to which 
                the order applies, including the number or other 
                identifier and, if known, the location of the telephone 
                line or other facility to which the pen register or trap 
                and trace device is to be attached or applied, and, in 
                the case of an order authorizing installation and use of 
                a trap and trace device under subsection (a)(2), the 
                geographic limits of the order; and''.
            (3) Nondisclosure requirements.--Section 3123(d)(2) of title 
        18, United States Code, is amended--
                    (A) by inserting ``or other facility'' after ``the 
                line''; and
                    (B) by striking ``, or who has been ordered by the 
                court'' and inserting ``or applied, or who is obligated 
                by the order''.

    (c) Definitions.--
            (1) Court of competent jurisdiction.--Section 3127(2) of 
        title 18, United States Code, is amended by striking 
        subparagraph (A) and inserting the following:
                    ``(A) any district court of the United States 
                (including a magistrate judge of such a court) or any 
                United States court of appeals having jurisdiction over 
                the offense being investigated; or''.
            (2) Pen register.--Section 3127(3) of title 18, United 
        States Code, is amended--
                    (A) by striking ``electronic or other impulses'' and 
                all that follows through ``is attached'' and inserting 
                ``dialing, routing, addressing, or signaling information 
                transmitted by an instrument or facility from which a 
                wire or electronic communication is transmitted, 
                provided, however, that such information shall not 
                include the contents of any communication''; and
                    (B) by inserting ``or process'' after ``device'' 
                each place it appears.
            (3) Trap and trace device.--Section 3127(4) of title 18, 
        United States Code, is amended--
                    (A) by striking ``of an instrument'' and all that 
                follows through the semicolon and inserting ``or other 
                dialing, routing, addressing, and signaling information 
                reasonably likely to identify the source of a wire or 
                electronic communication, provided, however, that such 
                information shall not include the contents of any 
                communication;''; and
                    (B) by inserting ``or process'' after ``a device''.
            (4) Conforming amendment.--Section 3127(1) of title 18, 
        United States Code, is amended--
                    (A) by striking ``and''; and
                    (B) by inserting ``, and `contents' '' after 
                ``electronic communication service''.
            (5) Technical amendment.--Section 3124(d) of title 18, 
        United States Code, is amended by striking ``the terms of''.
            (6) Conforming amendment.--Section 3124(b) of title 18, 
        United States Code, is amended by inserting ``or other 
        facility'' after ``the appropriate line''.

SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS.

    Chapter 119 of title 18, United States Code, is amended--

[[Page 115 STAT. 291]]

            (1) in section 2510--
                    (A) in paragraph (18), by striking ``and'' at the 
                end;
                    (B) in paragraph (19), by striking the period and 
                inserting a semicolon; and
                    (C) by inserting after paragraph (19) the following:
            ``(20) `protected computer' has the meaning set forth in 
        section 1030; and
            ``(21) `computer trespasser'--
                    ``(A) means a person who accesses a protected 
                computer without authorization and thus has no 
                reasonable expectation of privacy in any communication 
                transmitted to, through, or from the protected computer; 
                and
                    ``(B) does not include a person known by the owner 
                or operator of the protected computer to have an 
                existing contractual relationship with the owner or 
                operator of the protected computer for access to all or 
                part of the protected computer.''; and
            (2) in section 2511(2), by inserting at the end the 
        following:

    ``(i) It shall not be unlawful under this chapter for a person 
acting under color of law to intercept the wire or electronic 
communications of a computer trespasser transmitted to, through, or from 
the protected computer, if--
            ``(I) the owner or operator of the protected computer 
        authorizes the interception of the computer trespasser's 
        communications on the protected computer;
            ``(II) the person acting under color of law is lawfully 
        engaged in an investigation;
            ``(III) the person acting under color of law has reasonable 
        grounds to believe that the contents of the computer 
        trespasser's communications will be relevant to the 
        investigation; and
            ``(IV) such interception does not acquire communications 
        other than those transmitted to or from the computer 
        trespasser.''.

SEC. 218. FOREIGN INTELLIGENCE INFORMATION.

    Sections 104(a)(7)(B) and section 303(a)(7)(B) (50 U.S.C. 
1804(a)(7)(B) and 1823(a)(7)(B)) of the Foreign Intelligence 
Surveillance Act of 1978 are each amended by striking ``the purpose'' 
and inserting ``a significant purpose''.

SEC. 219. &lt;&lt;NOTE: 18 USC app.&gt;&gt; SINGLE-JURISDICTION SEARCH WARRANTS FOR 
            TERRORISM.

    Rule 41(a) of the Federal Rules of Criminal Procedure is amended by 
inserting after ``executed'' the following: ``and (3) in an 
investigation of domestic terrorism or international terrorism (as 
defined in section 2331 of title 18, United States Code), by a Federal 
magistrate judge in any district in which activities related to the 
terrorism may have occurred, for a search of property or for a person 
within or outside the district''.

SEC. 220. NATIONWIDE SERVICE OF SEARCH WARRANTS FOR ELECTRONIC EVIDENCE.

    (a) In General.--Chapter 121 of title 18, United States Code, is 
amended--
            (1) in section 2703, by striking ``under the Federal Rules 
        of Criminal Procedure'' every place it appears and inserting 
        ``using the procedures described in the Federal Rules of

[[Page 115 STAT. 292]]

        Criminal Procedure by a court with jurisdiction over the offense 
        under investigation''; and
            (2) in section 2711--
                    (A) in paragraph (1), by striking ``and'';
                    (B) in paragraph (2), by striking the period and 
                inserting ``; and''; and
                    (C) by inserting at the end the following:
            ``(3) the term `court of competent jurisdiction' has the 
        meaning assigned by section 3127, and includes any Federal court 
        within that definition, without geographic limitation.''.

    (b) Conforming Amendment.--Section 2703(d) of title 18, United 
States Code, is amended by striking ``described in section 3127(2)(A)''.

SEC. 221. TRADE SANCTIONS.

    (a) In general.--The Trade Sanctions Reform and Export Enhancement 
Act of 2000 (Public Law 106-387; 114 Stat. 1549A-67) is amended--
            (1) by amending section 904(2)(C) to read as follows:
                    ``(C) used to facilitate the design, development, or 
                production of chemical or biological weapons, missiles, 
                or weapons of mass destruction.'';
            (2) in section 906(a)(1)--
                    (A) by inserting ``, the Taliban or the territory of 
                Afghanistan controlled by the Taliban,'' after ``Cuba''; 
                and
                    (B) by inserting ``, or in the territory of 
                Afghanistan controlled by the Taliban,'' after ``within 
                such country''; and
            (3) in section 906(a)(2), by inserting ``, or to any other 
        entity in Syria or North Korea'' after ``Korea''.

    (b) Application &lt;&lt;NOTE: 22 USC 7210.&gt;&gt; of the Trade Sanctions Reform 
and Export Enhancement Act.--Nothing in the Trade Sanctions Reform and 
Export Enhancement Act of 2000 shall limit the application or scope of 
any law establishing criminal or civil penalties, including any 
Executive order or regulation promulgated pursuant to such laws (or 
similar or successor laws), for the unlawful export of any agricultural 
commodity, medicine, or medical device to--
            (1) a foreign organization, group, or person designated 
        pursuant to Executive Order No. 12947 of January 23, 1995, as 
        amended;
            (2) a Foreign Terrorist Organization pursuant to the 
        Antiterrorism and Effective Death Penalty Act of 1996 (Public 
        Law 104-132);
            (3) a foreign organization, group, or person designated 
        pursuant to Executive Order No. 13224 (September 23, 2001);
            (4) any narcotics trafficking entity designated pursuant to 
        Executive Order No. 12978 (October 21, 1995) or the Foreign 
        Narcotics Kingpin Designation Act (Public Law 106-120); or
            (5) any foreign organization, group, or persons subject to 
        any restriction for its involvement in weapons of mass 
        destruction or missile proliferation.

SEC. 222. &lt;&lt;NOTE: 18 USC 3124 note.&gt;&gt; ASSISTANCE TO LAW ENFORCEMENT 
            AGENCIES.

    Nothing in this Act shall impose any additional technical obligation 
or requirement on a provider of a wire or electronic communication 
service or other person to furnish facilities or technical assistance. A 
provider of a wire or electronic communication service,

[[Page 115 STAT. 293]]

landlord, custodian, or other person who furnishes facilities or 
technical assistance pursuant to section 216 shall be reasonably 
compensated for such reasonable expenditures incurred in providing such 
facilities or assistance.

SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAUTHORIZED DISCLOSURES.

    (a) Section 2520 of title 18, United States Code, is amended--
            (1) in subsection (a), after ``entity'', by inserting ``, 
        other than the United States,'';
            (2) by adding at the end the following:

    ``(f) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the department 
or agency shall, upon receipt of a true and correct copy of the decision 
and findings of the court or appropriate department or agency promptly 
initiate a proceeding to determine whether disciplinary action against 
the officer or employee is warranted. If the head of the department or 
agency involved determines that disciplinary action is not warranted, he 
or she shall notify the Inspector General with jurisdiction over the 
department or agency concerned and shall provide the Inspector General 
with the reasons for such determination.''; and
            (3) by adding a new subsection (g), as follows:

    ``(g) Improper Disclosure Is Violation.--Any willful disclosure or 
use by an investigative or law enforcement officer or governmental 
entity of information beyond the extent permitted by section 2517 is a 
violation of this chapter for purposes of section 2520(a).''.
    (b) Section 2707 of title 18, United States Code, is amended--
            (1) in subsection (a), after ``entity'', by inserting ``, 
        other than the United States,'';
            (2) by striking subsection (d) and inserting the following:

    ``(d) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the department 
or agency shall, upon receipt of a true and correct copy of the decision 
and findings of the court or appropriate department or agency promptly 
initiate a proceeding to determine whether disciplinary action against 
the officer or employee is warranted. If the head of the department or 
agency involved determines that disciplinary action is not warranted, he 
or she shall notify the Inspector General with jurisdiction over the 
department or agency concerned and shall provide the Inspector General 
with the reasons for such determination.''; and
            (3) by adding a new subsection (g), as follows:

    ``(g) Improper Disclosure.--Any willful disclosure of a `record', as 
that term is defined in section 552a(a) of title 5, United States Code, 
obtained by an investigative or law enforcement officer, or a 
governmental entity, pursuant to section 2703 of this title, or

[[Page 115 STAT. 294]]

from a device installed pursuant to section 3123 or 3125 of this title, 
that is not a disclosure made in the proper performance of the official 
functions of the officer or governmental entity making the disclosure, 
is a violation of this chapter. This provision shall not apply to 
information previously lawfully disclosed (prior to the commencement of 
any civil or administrative proceeding under this chapter) to the public 
by a Federal, State, or local governmental entity or by the plaintiff in 
a civil action under this chapter.''.
    (c)(1) Chapter 121 of title 18, United States Code, is amended by 
adding at the end the following:

``Sec. 2712. Civil actions against the United States

    ``(a) In General.--Any person who is aggrieved by any willful 
violation of this chapter or of chapter 119 of this title or of sections 
106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1801 et seq.) may commence an action in United States 
District Court against the United States to recover money damages. In 
any such action, if a person who is aggrieved successfully establishes 
such a violation of this chapter or of chapter 119 of this title or of 
the above specific provisions of title 50, the Court may assess as 
damages--
            ``(1) actual damages, but not less than $10,000, whichever 
        amount is greater; and
            ``(2) litigation costs, reasonably incurred.

    ``(b) Procedures.--(1) Any action against the United States under 
this section may be commenced only after a claim is presented to the 
appropriate department or agency under the procedures of the Federal 
Tort Claims Act, as set forth in title 28, United States Code.
    ``(2) Any action against the United States under this section shall 
be forever barred unless it is presented in writing to the appropriate 
Federal agency within 2 years after such claim accrues or unless action 
is begun within 6 months after the date of mailing, by certified or 
registered mail, of notice of final denial of the claim by the agency to 
which it was presented. The claim shall accrue on the date upon which 
the claimant first has a reasonable opportunity to discover the 
violation.
    ``(3) Any action under this section shall be tried to the court 
without a jury.
    ``(4) Notwithstanding any other provision of law, the procedures set 
forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive 
means by which materials governed by those sections may be reviewed.
    ``(5) An amount equal to any award against the United States under 
this section shall be reimbursed by the department or agency concerned 
to the fund described in section 1304 of title 31, United States Code, 
out of any appropriation, fund, or other account (excluding any part of 
such appropriation, fund, or account that is available for the 
enforcement of any Federal law) that is available for the operating 
expenses of the department or agency concerned.
    ``(c) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this chapter, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United

[[Page 115 STAT. 295]]

States acted willfully or intentionally with respect to the violation, 
the department or agency shall, upon receipt of a true and correct copy 
of the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is not 
warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.
    ``(d) Exclusive Remedy.--Any action against the United States under 
this subsection shall be the exclusive remedy against the United States 
for any claims within the purview of this section.
    ``(e) Stay of Proceedings.--(1) Upon the motion of the United 
States, the court shall stay any action commenced under this section if 
the court determines that civil discovery will adversely affect the 
ability of the Government to conduct a related investigation or the 
prosecution of a related criminal case. Such a stay shall toll the 
limitations periods of paragraph (2) of subsection (b).
    ``(2) In this subsection, the terms `related criminal case' and 
`related investigation' mean an actual prosecution or investigation in 
progress at the time at which the request for the stay or any subsequent 
motion to lift the stay is made. In determining whether an investigation 
or a criminal case is related to an action commenced under this section, 
the court shall consider the degree of similarity between the parties, 
witnesses, facts, and circumstances involved in the 2 proceedings, 
without requiring that any one or more factors be identical.
    ``(3) In requesting a stay under paragraph (1), the Government may, 
in appropriate cases, submit evidence ex parte in order to avoid 
disclosing any matter that may adversely affect a related investigation 
or a related criminal case. If the Government makes such an ex parte 
submission, the plaintiff shall be given an opportunity to make a 
submission to the court, not ex parte, and the court may, in its 
discretion, request further information from either party.''.
    (2) The table of sections at the beginning of chapter 121 is amended 
to read as follows:

``2712. Civil action against the United States.''.

SEC. 224. &lt;&lt;NOTE: 18 USC 2510 note.&gt;&gt; SUNSET.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title (other than sections 203(a), 
203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222, and the 
amendments made by those sections) shall cease to have effect on 
December 31, 2005.
    (b) Exception.--With respect to any particular foreign intelligence 
investigation that began before the date on which the provisions 
referred to in subsection (a) cease to have effect, or with respect to 
any particular offense or potential offense that began or occurred 
before the date on which such provisions cease to have effect, such 
provisions shall continue in effect.

SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.

    Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1805) is amended by inserting after subsection (g) the following:

[[Page 115 STAT. 296]]

    ``(h) No cause of action shall lie in any court against any provider 
of a wire or electronic communication service, landlord, custodian, or 
other person (including any officer, employee, agent, or other specified 
person thereof) that furnishes any information, facilities, or technical 
assistance in accordance with a court order or request for emergency 
assistance under this Act.''.

  TITLE &lt;&lt;NOTE: International Money Laundering Abatement and Financial 
   Anti-Terrorism Act of 2001.&gt;&gt; III--INTERNATIONAL MONEY LAUNDERING 
ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001

SEC. 301. &lt;&lt;NOTE: 31 USC 5301 note.&gt;&gt; SHORT TITLE.

    This title may be cited as the ``International Money Laundering 
Abatement and Financial Anti-Terrorism Act of 2001''.

SEC. 302. &lt;&lt;NOTE: 31 USC 5311 note.&gt;&gt; FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) money laundering, estimated by the International 
        Monetary Fund to amount to between 2 and 5 percent of global 
        gross domestic product, which is at least $600,000,000,000 
        annually, provides the financial fuel that permits transnational 
        criminal enterprises to conduct and expand their operations to 
        the detriment of the safety and security of American citizens;
            (2) money laundering, and the defects in financial 
        transparency on which money launderers rely, are critical to the 
        financing of global terrorism and the provision of funds for 
        terrorist attacks;
            (3) money launderers subvert legitimate financial mechanisms 
        and banking relationships by using them as protective covering 
        for the movement of criminal proceeds and the financing of crime 
        and terrorism, and, by so doing, can threaten the safety of 
        United States citizens and undermine the integrity of United 
        States financial institutions and of the global financial and 
        trading systems upon which prosperity and growth depend;
            (4) certain jurisdictions outside of the United States that 
        offer ``offshore'' banking and related facilities designed to 
        provide anonymity, coupled with weak financial supervisory and 
        enforcement regimes, provide essential tools to disguise 
        ownership and movement of criminal funds, derived from, or used 
        to commit, offenses ranging from narcotics trafficking, 
        terrorism, arms smuggling, and trafficking in human beings, to 
        financial frauds that prey on law-abiding citizens;
            (5) transactions involving such offshore jurisdictions make 
        it difficult for law enforcement officials and regulators to 
        follow the trail of money earned by criminals, organized 
        international criminal enterprises, and global terrorist 
        organizations;
            (6) correspondent banking facilities are one of the banking 
        mechanisms susceptible in some circumstances to manipulation by 
        foreign banks to permit the laundering of funds by hiding the 
        identity of real parties in interest to financial transactions;
            (7) private banking services can be susceptible to 
        manipulation by money launderers, for example corrupt foreign 
        government officials, particularly if those services include the 
        creation of offshore accounts and facilities for large personal 
        funds transfers to channel funds into accounts around the globe;

[[Page 115 STAT. 297]]

            (8) United States anti-money laundering efforts are impeded 
        by outmoded and inadequate statutory provisions that make 
        investigations, prosecutions, and forfeitures more difficult, 
        particularly in cases in which money laundering involves foreign 
        persons, foreign banks, or foreign countries;
            (9) the ability to mount effective counter-measures to 
        international money launderers requires national, as well as 
        bilateral and multilateral action, using tools specially 
        designed for that effort; and
            (10) the Basle Committee on Banking Regulation and 
        Supervisory Practices and the Financial Action Task Force on 
        Money Laundering, of both of which the United States is a 
        member, have each adopted international anti-money laundering 
        principles and recommendations.

    (b) Purposes.--The purposes of this title are--
            (1) to increase the strength of United States measures to 
        prevent, detect, and prosecute international money laundering 
        and the financing of terrorism;
            (2) to ensure that--
                    (A) banking transactions and financial relationships 
                and the conduct of such transactions and relationships, 
                do not contravene the purposes of subchapter II of 
                chapter 53 of title 31, United States Code, section 21 
                of the Federal Deposit Insurance Act, or chapter 2 of 
                title I of Public Law 91-508 (84 Stat. 1116), or 
                facilitate the evasion of any such provision; and
                    (B) the purposes of such provisions of law continue 
                to be fulfilled, and such provisions of law are 
                effectively and efficiently administered;
            (3) to strengthen the provisions put into place by the Money 
        Laundering Control Act of 1986 (18 U.S.C. 981 note), especially 
        with respect to crimes by non-United States nationals and 
        foreign financial institutions;
            (4) to provide a clear national mandate for subjecting to 
        special scrutiny those foreign jurisdictions, financial 
        institutions operating outside of the United States, and classes 
        of international transactions or types of accounts that pose 
        particular, identifiable opportunities for criminal abuse;
            (5) to provide the Secretary of the Treasury (in this title 
        referred to as the ``Secretary'') with broad discretion, subject 
        to the safeguards provided by the Administrative Procedure Act 
        under title 5, United States Code, to take measures tailored to 
        the particular money laundering problems presented by specific 
        foreign jurisdictions, financial institutions operating outside 
        of the United States, and classes of international transactions 
        or types of accounts;
            (6) to ensure that the employment of such measures by the 
        Secretary permits appropriate opportunity for comment by 
        affected financial institutions;
            (7) to provide guidance to domestic financial institutions 
        on particular foreign jurisdictions, financial institutions 
        operating outside of the United States, and classes of 
        international transactions that are of primary money laundering 
        concern to the United States Government;
            (8) to ensure that the forfeiture of any assets in 
        connection with the anti-terrorist efforts of the United States 
        permits

[[Page 115 STAT. 298]]

        for adequate challenge consistent with providing due process 
        rights;
            (9) to clarify the terms of the safe harbor from civil 
        liability for filing suspicious activity reports;
            (10) to strengthen the authority of the Secretary to issue 
        and administer geographic targeting orders, and to clarify that 
        violations of such orders or any other requirement imposed under 
        the authority contained in chapter 2 of title I of Public Law 
        91-508 and subchapters II and III of chapter 53 of title 31, 
        United States Code, may result in criminal and civil penalties;
            (11) to ensure that all appropriate elements of the 
        financial services industry are subject to appropriate 
        requirements to report potential money laundering transactions 
        to proper authorities, and that jurisdictional disputes do not 
        hinder examination of compliance by financial institutions with 
        relevant reporting requirements;
            (12) to strengthen the ability of financial institutions to 
        maintain the integrity of their employee population; and
            (13) to strengthen measures to prevent the use of the United 
        States financial system for personal gain by corrupt foreign 
        officials and to facilitate the repatriation of any stolen 
        assets to the citizens of countries to whom such assets belong.

SEC. 303. &lt;&lt;NOTE: 31 USC 5311 note.&gt;&gt; 4-YEAR CONGRESSIONAL REVIEW; 
            EXPEDITED CONSIDERATION.

    (a) In General.--Effective &lt;&lt;NOTE: Effective date.&gt;&gt; on and after 
the first day of fiscal year 2005, the provisions of this title and the 
amendments made by this title shall terminate if the Congress enacts a 
joint resolution, the text after the resolving clause of which is as 
follows: ``That provisions of the International Money Laundering 
Abatement and Anti-Terrorist Financing Act of 2001, and the amendments 
made thereby, shall no longer have the force of law.''.

    (b) Expedited Consideration.--Any joint resolution submitted 
pursuant to this section should be considered by the Congress 
expeditiously. In particular, it shall be considered in the Senate in 
accordance with the provisions of section 601(b) of the International 
Security Assistance and Arms Control Act of 1976.

 Subtitle A--International Counter Money Laundering and Related Measures

SEC. 311. SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL INSTITUTIONS, OR 
            INTERNATIONAL TRANSACTIONS OF PRIMARY MONEY LAUNDERING 
            CONCERN.

    (a) In General.--Subchapter II of chapter 53 of title 31, United 
States Code, is amended by inserting after section 5318 the following 
new section:

``Sec. 5318A. Special measures for jurisdictions, financial 
                        institutions, or international transactions of 
                        primary money laundering concern

    ``(a) International Counter-Money Laundering Requirements.--
            ``(1) In general.--The Secretary of the Treasury may require 
        domestic financial institutions and domestic financial

[[Page 115 STAT. 299]]

        agencies to take 1 or more of the special measures described in 
        subsection (b) if the Secretary finds that reasonable grounds 
        exist for concluding that a jurisdiction outside of the United 
        States, 1 or more financial institutions operating outside of 
        the United States, 1 or more classes of transactions within, or 
        involving, a jurisdiction outside of the United States, or 1 or 
        more types of accounts is of primary money laundering concern, 
        in accordance with subsection (c).
            ``(2) Form of requirement.--The special measures described 
        in--
                    ``(A) subsection (b) may be imposed in such sequence 
                or combination as the Secretary shall determine;
                    ``(B) paragraphs (1) through (4) of subsection (b) 
                may be imposed by regulation, order, or otherwise as 
                permitted by law; and
                    ``(C) subsection (b)(5) may be imposed only by 
                regulation.
            ``(3) Duration of orders; rulemaking.--Any order by which a 
        special measure described in paragraphs (1) through (4) of 
        subsection (b) is imposed (other than an order described in 
        section 5326)--
                    ``(A) shall be issued together with a notice of 
                proposed rulemaking relating to the imposition of such 
                special measure; and
                    ``(B) may not remain in effect for more than 120 
                days, except pursuant to a rule promulgated on or before 
                the end of the 120-day period beginning on the date of 
                issuance of such order.
            ``(4) Process for selecting special measures.--In selecting 
        which special measure or measures to take under this subsection, 
        the Secretary of the Treasury--
                    ``(A) shall consult with the Chairman of the Board 
                of Governors of the Federal Reserve System, any other 
                appropriate Federal banking agency, as defined in 
                section 3 of the Federal Deposit Insurance Act, the 
                Secretary of State, the Securities and Exchange 
                Commission, the Commodity Futures Trading Commission, 
                the National Credit Union Administration Board, and in 
                the sole discretion of the Secretary, such other 
                agencies and interested parties as the Secretary may 
                find to be appropriate; and
                    ``(B) shall consider--
                          ``(i) whether similar action has been or is 
                      being taken by other nations or multilateral 
                      groups;
                          ``(ii) whether the imposition of any 
                      particular special measure would create a 
                      significant competitive disadvantage, including 
                      any undue cost or burden associated with 
                      compliance, for financial institutions organized 
                      or licensed in the United States;
                          ``(iii) the extent to which the action or the 
                      timing of the action would have a significant 
                      adverse systemic impact on the international 
                      payment, clearance, and settlement system, or on 
                      legitimate business activities involving the 
                      particular jurisdiction, institution, or class of 
                      transactions; and
                          ``(iv) the effect of the action on United 
                      States national security and foreign policy.

[[Page 115 STAT. 300]]

            ``(5) No limitation on other authority.--This section shall 
        not be construed as superseding or otherwise restricting any 
        other authority granted to the Secretary, or to any other 
        agency, by this subchapter or otherwise.

    ``(b) Special Measures.--The special measures referred to in 
subsection (a), with respect to a jurisdiction outside of the United 
States, financial institution operating outside of the United States, 
class of transaction within, or involving, a jurisdiction outside of the 
United States, or 1 or more types of accounts are as follows:
            ``(1) Recordkeeping and reporting of certain financial 
        transactions.--
                    ``(A) In general.--The Secretary of the Treasury may 
                require any domestic financial institution or domestic 
                financial agency to maintain records, file reports, or 
                both, concerning the aggregate amount of transactions, 
                or concerning each transaction, with respect to a 
                jurisdiction outside of the United States, 1 or more 
                financial institutions operating outside of the United 
                States, 1 or more classes of transactions within, or 
                involving, a jurisdiction outside of the United States, 
                or 1 or more types of accounts if the Secretary finds 
                any such jurisdiction, institution, or class of 
                transactions to be of primary money laundering concern.
                    ``(B) Form of records and reports.--Such records and 
                reports shall be made and retained at such time, in such 
                manner, and for such period of time, as the Secretary 
                shall determine, and shall include such information as 
                the Secretary may determine, including--
                          ``(i) the identity and address of the 
                      participants in a transaction or relationship, 
                      including the identity of the originator of any 
                      funds transfer;
                          ``(ii) the legal capacity in which a 
                      participant in any transaction is acting;
                          ``(iii) the identity of the beneficial owner 
                      of the funds involved in any transaction, in 
                      accordance with such procedures as the Secretary 
                      determines to be reasonable and practicable to 
                      obtain and retain the information; and
                          ``(iv) a description of any transaction.
            ``(2) Information relating to beneficial ownership.--In 
        addition to any other requirement under any other provision of 
        law, the Secretary may require any domestic financial 
        institution or domestic financial agency to take such steps as 
        the Secretary may determine to be reasonable and practicable to 
        obtain and retain information concerning the beneficial 
        ownership of any account opened or maintained in the United 
        States by a foreign person (other than a foreign entity whose 
        shares are subject to public reporting requirements or are 
        listed and traded on a regulated exchange or trading market), or 
        a representative of such a foreign person, that involves a 
        jurisdiction outside of the United States, 1 or more financial 
        institutions operating outside of the United States, 1 or more 
        classes of transactions within, or involving, a jurisdiction 
        outside of the United States, or 1 or more types of accounts if 
        the Secretary finds any such jurisdiction, institution, or 
        transaction or type of account to be of primary money laundering 
        concern.

[[Page 115 STAT. 301]]

            ``(3) Information relating to certain payable-through 
        accounts.--If the Secretary finds a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, or 1 or more classes of 
        transactions within, or involving, a jurisdiction outside of the 
        United States to be of primary money laundering concern, the 
        Secretary may require any domestic financial institution or 
        domestic financial agency that opens or maintains a payable-
        through account in the United States for a foreign financial 
        institution involving any such jurisdiction or any such 
        financial institution operating outside of the United States, or 
        a payable through account through which any such transaction may 
        be conducted, as a condition of opening or maintaining such 
        account--
                    ``(A) to identify each customer (and representative 
                of such customer) of such financial institution who is 
                permitted to use, or whose transactions are routed 
                through, such payable-through account; and
                    ``(B) to obtain, with respect to each such customer 
                (and each such representative), information that is 
                substantially comparable to that which the depository 
                institution obtains in the ordinary course of business 
                with respect to its customers residing in the United 
                States.
            ``(4) Information relating to certain correspondent 
        accounts.--If the Secretary finds a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, or 1 or more classes of 
        transactions within, or involving, a jurisdiction outside of the 
        United States to be of primary money laundering concern, the 
        Secretary may require any domestic financial institution or 
        domestic financial agency that opens or maintains a 
        correspondent account in the United States for a foreign 
        financial institution involving any such jurisdiction or any 
        such financial institution operating outside of the United 
        States, or a correspondent account through which any such 
        transaction may be conducted, as a condition of opening or 
        maintaining such account--
                    ``(A) to identify each customer (and representative 
                of such customer) of any such financial institution who 
                is permitted to use, or whose transactions are routed 
                through, such correspondent account; and
                    ``(B) to obtain, with respect to each such customer 
                (and each such representative), information that is 
                substantially comparable to that which the depository 
                institution obtains in the ordinary course of business 
                with respect to its customers residing in the United 
                States.
            ``(5) Prohibitions or conditions on opening or maintaining 
        certain correspondent or payable-through accounts.--If the 
        Secretary finds a jurisdiction outside of the United States, 1 
        or more financial institutions operating outside of the United 
        States, or 1 or more classes of transactions within, or 
        involving, a jurisdiction outside of the United States to be of 
        primary money laundering concern, the Secretary, in consultation 
        with the Secretary of State, the Attorney General, and the 
        Chairman of the Board of Governors of the Federal Reserve 
        System, may prohibit, or impose conditions upon, the opening or 
        maintaining in the United States of a correspondent account or 
        payable- through account by any domestic financial institution 
        or domestic financial agency for or on behalf of

[[Page 115 STAT. 302]]

        a foreign banking institution, if such correspondent account or 
        payable-through account involves any such jurisdiction or 
        institution, or if any such transaction may be conducted through 
        such correspondent account or payable-through account.

    ``(c) Consultations and Information To Be Considered in Finding 
Jurisdictions, Institutions, Types of Accounts, or Transactions To Be of 
Primary Money Laundering Concern.--
            ``(1) In general.--In making a finding that reasonable 
        grounds exist for concluding that a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, 1 or more classes of transactions 
        within, or involving, a jurisdiction outside of the United 
        States, or 1 or more types of accounts is of primary money 
        laundering concern so as to authorize the Secretary of the 
        Treasury to take 1 or more of the special measures described in 
        subsection (b), the Secretary shall consult with the Secretary 
        of State and the Attorney General.
            ``(2) Additional considerations.--In making a finding 
        described in paragraph (1), the Secretary shall consider in 
        addition such information as the Secretary determines to be 
        relevant, including the following potentially relevant factors:
                    ``(A) Jurisdictional factors.--In the case of a 
                particular jurisdiction--
                          ``(i) evidence that organized criminal groups, 
                      international terrorists, or both, have transacted 
                      business in that jurisdiction;
                          ``(ii) the extent to which that jurisdiction 
                      or financial institutions operating in that 
                      jurisdiction offer bank secrecy or special 
                      regulatory advantages to nonresidents or 
                      nondomiciliaries of that jurisdiction;
                          ``(iii) the substance and quality of 
                      administration of the bank supervisory and 
                      counter-money laundering laws of that 
                      jurisdiction;
                          ``(iv) the relationship between the volume of 
                      financial transactions occurring in that 
                      jurisdiction and the size of the economy of the 
                      jurisdiction;
                          ``(v) the extent to which that jurisdiction is 
                      characterized as an offshore banking or secrecy 
                      haven by credible international organizations or 
                      multilateral expert groups;
                          ``(vi) whether the United States has a mutual 
                      legal assistance treaty with that jurisdiction, 
                      and the experience of United States law 
                      enforcement officials and regulatory officials in 
                      obtaining information about transactions 
                      originating in or routed through or to such 
                      jurisdiction; and
                          ``(vii) the extent to which that jurisdiction 
                      is characterized by high levels of official or 
                      institutional corruption.
                    ``(B) Institutional factors.--In the case of a 
                decision to apply 1 or more of the special measures 
                described in subsection (b) only to a financial 
                institution or institutions, or to a transaction or 
                class of transactions, or to a type of account, or to 
                all 3, within or involving a particular jurisdiction--
                          ``(i) the extent to which such financial 
                      institutions, transactions, or types of accounts 
                      are used to facilitate

[[Page 115 STAT. 303]]

                      or promote money laundering in or through the 
                      jurisdiction;
                          ``(ii) the extent to which such institutions, 
                      transactions, or types of accounts are used for 
                      legitimate business purposes in the jurisdiction; 
                      and
                          ``(iii) the extent to which such action is 
                      sufficient to ensure, with respect to transactions 
                      involving the jurisdiction and institutions 
                      operating in the jurisdiction, that the purposes 
                      of this subchapter continue to be fulfilled, and 
                      to guard against international money laundering 
                      and other financial crimes.

    ``(d) Notification of Special Measures Invoked by the Secretary.--
Not later &lt;&lt;NOTE: Deadline.&gt;&gt;  than 10 days after the date of any action 
taken by the Secretary of the Treasury under subsection (a)(1), the 
Secretary shall notify, in writing, the Committee on Financial Services 
of the House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate of any such action.

    ``(e) Definitions.--Notwithstanding any other provision of this 
subchapter, for purposes of this section and subsections (i) and (j) of 
section 5318, the following definitions shall apply:
            ``(1) Bank definitions.--The following definitions shall 
        apply with respect to a bank:
                    ``(A) Account.--The term `account'--
                          ``(i) means a formal banking or business 
                      relationship established to provide regular 
                      services, dealings, and other financial 
                      transactions; and
                          ``(ii) includes a demand deposit, savings 
                      deposit, or other transaction or asset account and 
                      a credit account or other extension of credit.
                    ``(B) Correspondent account.--The term 
                `correspondent account' means an account established to 
                receive deposits from, make payments on behalf of a 
                foreign financial institution, or handle other financial 
                transactions related to such institution.
                    ``(C) Payable-through account.--The term `payable-
                through account' means an account, including a 
                transaction account (as defined in section 19(b)(1)(C) 
                of the Federal Reserve Act), opened at a depository 
                institution by a foreign financial institution by means 
                of which the foreign financial institution permits its 
                customers to engage, either directly or through a 
                subaccount, in banking activities usual in connection 
                with the business of banking in the United States.
            ``(2) Definitions applicable to institutions other than 
        banks.--With respect to any financial institution other than a 
        bank, the Secretary shall, after consultation with the 
        appropriate Federal functional regulators (as defined in section 
        509 of the Gramm-Leach-Bliley Act), define by regulation the 
        term `account', and shall include within the meaning of that 
        term, to the extent, if any, that the Secretary deems 
        appropriate, arrangements similar to payable-through and 
        correspondent accounts.
            ``(3) Regulatory definition of beneficial ownership.--The 
        Secretary shall promulgate regulations defining beneficial 
        ownership of an account for purposes of this section and 
        subsections (i) and (j) of section 5318. Such regulations shall 
        address issues related to an individual's authority to fund,

[[Page 115 STAT. 304]]

        direct, or manage the account (including, without limitation, 
        the power to direct payments into or out of the account), and an 
        individual's material interest in the income or corpus of the 
        account, and shall ensure that the identification of individuals 
        under this section does not extend to any individual whose 
        beneficial interest in the income or corpus of the account is 
        immaterial.
            ``(4) Other terms.--The Secretary may, by regulation, 
        further define the terms in paragraphs (1), (2), and (3), and 
        define other terms for the purposes of this section, as the 
        Secretary deems appropriate.''.

    (b) Clerical Amendment.--The table of sections for subchapter II of 
chapter 53 of title 31, United States Code, is amended by inserting 
after the item relating to section 5318 the following new item:

``5318A. Special measures for jurisdictions, financial institutions, or 
           international transactions of primary money laundering 
           concern.''.

SEC. 312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS AND PRIVATE 
            BANKING ACCOUNTS.

    (a) In General.--Section 5318 of title 31, United States Code, is 
amended by adding at the end the following:
    ``(i) Due Diligence for United States Private Banking and 
Correspondent Bank Accounts Involving Foreign Persons.--
            ``(1) In general.--Each financial institution that 
        establishes, maintains, administers, or manages a private 
        banking account or a correspondent account in the United States 
        for a non-United States person, including a foreign individual 
        visiting the United States, or a representative of a non-United 
        States person shall establish appropriate, specific, and, where 
        necessary, enhanced, due diligence policies, procedures, and 
        controls that are reasonably designed to detect and report 
        instances of money laundering through those accounts.
            ``(2) Additional standards for certain correspondent 
        accounts.--
                    ``(A) In general.--Subparagraph (B) shall apply if a 
                correspondent account is requested or maintained by, or 
                on behalf of, a foreign bank operating--
                          ``(i) under an offshore banking license; or
                          ``(ii) under a banking license issued by a 
                      foreign country that has been designated--
                                    ``(I) as noncooperative with 
                                international anti-money laundering 
                                principles or procedures by an 
                                intergovernmental group or organization 
                                of which the United States is a member, 
                                with which designation the United States 
                                representative to the group or 
                                organization concurs; or
                                    ``(II) by the Secretary of the 
                                Treasury as warranting special measures 
                                due to money laundering concerns.
                    ``(B) Policies, procedures, and controls.--The 
                enhanced due diligence policies, procedures, and 
                controls required under paragraph (1) shall, at a 
                minimum, ensure that the financial institution in the 
                United States takes reasonable steps--
                          ``(i) to ascertain for any such foreign bank, 
                      the shares of which are not publicly traded, the 
                      identity

[[Page 115 STAT. 305]]

                      of each of the owners of the foreign bank, and the 
                      nature and extent of the ownership interest of 
                      each such owner;
                          ``(ii) to conduct enhanced scrutiny of such 
                      account to guard against money laundering and 
                      report any suspicious transactions under 
                      subsection (g); and
                          ``(iii) to ascertain whether such foreign bank 
                      provides correspondent accounts to other foreign 
                      banks and, if so, the identity of those foreign 
                      banks and related due diligence information, as 
                      appropriate under paragraph (1).
            ``(3) Minimum standards for private banking accounts.--If a 
        private banking account is requested or maintained by, or on 
        behalf of, a non-United States person, then the due diligence 
        policies, procedures, and controls required under paragraph (1) 
        shall, at a minimum, ensure that the financial institution takes 
        reasonable steps--
                    ``(A) to ascertain the identity of the nominal and 
                beneficial owners of, and the source of funds deposited 
                into, such account as needed to guard against money 
                laundering and report any suspicious transactions under 
                subsection (g); and
                    ``(B) to conduct enhanced scrutiny of any such 
                account that is requested or maintained by, or on behalf 
                of, a senior foreign political figure, or any immediate 
                family member or close associate of a senior foreign 
                political figure that is reasonably designed to detect 
                and report transactions that may involve the proceeds of 
                foreign corruption.
            ``(4) Definition.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Offshore banking license.--The term `offshore 
                banking license' means a license to conduct banking 
                activities which, as a condition of the license, 
                prohibits the licensed entity from conducting banking 
                activities with the citizens of, or with the local 
                currency of, the country which issued the license.
                    ``(B) Private banking account.--The term `private 
                banking account' means an account (or any combination of 
                accounts) that--
                          ``(i) requires a minimum aggregate deposits of 
                      funds or other assets of not less than $1,000,000;
                          ``(ii) is established on behalf of 1 or more 
                      individuals who have a direct or beneficial 
                      ownership interest in the account; and
                          ``(iii) is assigned to, or is administered or 
                      managed by, in whole or in part, an officer, 
                      employee, or agent of a financial institution 
                      acting as a liaison between the financial 
                      institution and the direct or beneficial owner of 
                      the account.''.

    (b) Regulatory &lt;&lt;NOTE: 31 USC 5318 note.&gt;&gt; Authority and Effective 
Date.--
            (1) Regulatory &lt;&lt;NOTE: Deadline.&gt;&gt; authority.--Not later 
        than 180 days after the date of enactment of this Act, the 
        Secretary, in consultation with the appropriate Federal 
        functional regulators (as defined in section 509 of the Gramm-
        Leach-Bliley Act) of the affected financial institutions, shall 
        further delineate, by regulation, the due diligence policies, 
        procedures, and controls required

[[Page 115 STAT. 306]]

        under section 5318(i)(1) of title 31, United States Code, as 
        added by this section.
            (2) Effective date.--Section 5318(i) of title 31, United 
        States Code, as added by this section, shall take effect 270 
        days after the date of enactment of this Act, whether or not 
        final regulations are issued under paragraph (1), and the 
        failure to issue such regulations shall in no way affect the 
        enforceability of this section or the amendments made by this 
        section. Section 5318(i) of title 31, United States Code, as 
        added by this section, shall apply with respect to accounts 
        covered by that section 5318(i), that are opened before, on, or 
        after the date of enactment of this Act.

SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH 
            FOREIGN SHELL BANKS.

    (a) In General.--Section 5318 of title 31, United States Code, as 
amended by this title, is amended by adding at the end the following:
    ``(j) Prohibition on United States Correspondent Accounts With 
Foreign Shell Banks.--
            ``(1) In general.--A financial institution described in 
        subparagraphs (A) through (G) of section 5312(a)(2) (in this 
        subsection referred to as a `covered financial institution') 
        shall not establish, maintain, administer, or manage a 
        correspondent account in the United States for, or on behalf of, 
        a foreign bank that does not have a physical presence in any 
        country.
            ``(2) Prevention of indirect service to foreign shell 
        banks.--A covered financial institution shall take reasonable 
        steps to ensure that any correspondent account established, 
        maintained, administered, or managed by that covered financial 
        institution in the United States for a foreign bank is not being 
        used by that foreign bank to indirectly provide banking services 
        to another foreign bank that does not have a physical presence 
        in any country. The Secretary of the Treasury shall, by 
        regulation, delineate the reasonable steps necessary to comply 
        with this paragraph.
            ``(3) Exception.--Paragraphs (1) and (2) do not prohibit a 
        covered financial institution from providing a correspondent 
        account to a foreign bank, if the foreign bank--
                    ``(A) is an affiliate of a depository institution, 
                credit union, or foreign bank that maintains a physical 
                presence in the United States or a foreign country, as 
                applicable; and
                    ``(B) is subject to supervision by a banking 
                authority in the country regulating the affiliated 
                depository institution, credit union, or foreign bank 
                described in subparagraph (A), as applicable.
            ``(4) Definitions.--For purposes of this subsection--
                    ``(A) the term `affiliate' means a foreign bank that 
                is controlled by or is under common control with a 
                depository institution, credit union, or foreign bank; 
                and
                    ``(B) the term `physical presence' means a place of 
                business that--
                          ``(i) is maintained by a foreign bank;
                          ``(ii) is located at a fixed address (other 
                      than solely an electronic address) in a country in 
                      which the foreign

[[Page 115 STAT. 307]]

                      bank is authorized to conduct banking activities, 
                      at which location the foreign bank--
                                    ``(I) employs 1 or more individuals 
                                on a full-time basis; and
                                    ``(II) maintains operating records 
                                related to its banking activities; and
                          ``(iii) is subject to inspection by the 
                      banking authority which licensed the foreign bank 
                      to conduct banking activities.''.

    (b) Effective &lt;&lt;NOTE: 31 USC 5318 note.&gt;&gt; Date.--The amendment made 
by subsection (a) shall take effect at the end of the 60-day period 
beginning on the date of enactment of this Act.

SEC. 314. &lt;&lt;NOTE: 31 USC 5311 note.&gt;&gt; COOPERATIVE EFFORTS TO DETER MONEY 
            LAUNDERING.

    (a) Cooperation Among Financial Institutions, Regulatory 
Authorities, and Law Enforcement Authorities.--
            (1) Regulations.--The &lt;&lt;NOTE: Deadline.&gt;&gt; Secretary shall, 
        within 120 days after the date of enactment of this Act, adopt 
        regulations to encourage further cooperation among financial 
        institutions, their regulatory authorities, and law enforcement 
        authorities, with the specific purpose of encouraging regulatory 
        authorities and law enforcement authorities to share with 
        financial institutions information regarding individuals, 
        entities, and organizations engaged in or reasonably suspected 
        based on credible evidence of engaging in terrorist acts or 
        money laundering activities.
            (2) Cooperation and information sharing procedures.--The 
        regulations adopted under paragraph (1) may include or create 
        procedures for cooperation and information sharing focusing on--
                    (A) matters specifically related to the finances of 
                terrorist groups, the means by which terrorist groups 
                transfer funds around the world and within the United 
                States, including through the use of charitable 
                organizations, nonprofit organizations, and 
                nongovernmental organizations, and the extent to which 
                financial institutions in the United States are 
                unwittingly involved in such finances and the extent to 
                which such institutions are at risk as a result;
                    (B) the relationship, particularly the financial 
                relationship, between international narcotics 
                traffickers and foreign terrorist organizations, the 
                extent to which their memberships overlap and engage in 
                joint activities, and the extent to which they cooperate 
                with each other in raising and transferring funds for 
                their respective purposes; and
                    (C) means of facilitating the identification of 
                accounts and transactions involving terrorist groups and 
                facilitating the exchange of information concerning such 
                accounts and transactions between financial institutions 
                and law enforcement organizations.
            (3) Contents.--The regulations adopted pursuant to paragraph 
        (1) may--
                    (A) require that each financial institution 
                designate 1 or more persons to receive information 
                concerning, and to monitor accounts of individuals, 
                entities, and organizations identified, pursuant to 
                paragraph (1); and
                    (B) further establish procedures for the protection 
                of the shared information, consistent with the capacity, 
                size,

[[Page 115 STAT. 308]]

                and nature of the institution to which the particular 
                procedures apply.
            (4) Rule of construction.--The receipt of information by a 
        financial institution pursuant to this section shall not relieve 
        or otherwise modify the obligations of the financial institution 
        with respect to any other person or account.
            (5) Use of information.--Information received by a financial 
        institution pursuant to this section shall not be used for any 
        purpose other than identifying and reporting on activities that 
        may involve terrorist acts or money laundering activities.

    (b) Cooperation Among Financial Institutions.--Upon notice provided 
to the Secretary, 2 or more financial institutions and any association 
of financial institutions may share information with one another 
regarding individuals, entities, organizations, and countries suspected 
of possible terrorist or money laundering activities. A financial 
institution or association that transmits, receives, or shares such 
information for the purposes of identifying and reporting activities 
that may involve terrorist acts or money laundering activities shall not 
be liable to any person under any law or regulation of the United 
States, any constitution, law, or regulation of any State or political 
subdivision thereof, or under any contract or other legally enforceable 
agreement (including any arbitration agreement), for such disclosure or 
for any failure to provide notice of such disclosure to the person who 
is the subject of such disclosure, or any other person identified in the 
disclosure, except where such transmission, receipt, or sharing violates 
this section or regulations promulgated pursuant to this section.
    (c) Rule of Construction.--Compliance with the provisions of this 
title requiring or allowing financial institutions and any association 
of financial institutions to disclose or share information regarding 
individuals, entities, and organizations engaged in or suspected of 
engaging in terrorist acts or money laundering activities shall not 
constitute a violation of the provisions of title V of the Gramm-Leach-
Bliley Act (Public Law 106-102).
    (d) Reports to the Financial Services Industry on Suspicious 
Financial Activities.--At least semiannually, the Secretary shall--
            (1) publish a report containing a detailed analysis 
        identifying patterns of suspicious activity and other 
        investigative insights derived from suspicious activity reports 
        and investigations conducted by Federal, State, and local law 
        enforcement agencies to the extent appropriate; and
            (2) distribute such report to financial institutions (as 
        defined in section 5312 of title 31, United States Code).

SEC. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY LAUNDERING 
            CRIMES.

    Section 1956(c)(7) of title 18, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) in clause (ii), by striking ``or destruction of 
                property by means of explosive or fire'' and inserting 
                ``destruction of property by means of explosive or fire, 
                or a crime of violence (as defined in section 16)'';
                    (B) in clause (iii), by striking ``1978'' and 
                inserting ``1978)''; and
                    (C) by adding at the end the following:

[[Page 115 STAT. 309]]

                          ``(iv) bribery of a public official, or the 
                      misappropriation, theft, or embezzlement of public 
                      funds by or for the benefit of a public official;
                          ``(v) smuggling or export control violations 
                      involving--
                                    ``(I) an item controlled on the 
                                United States Munitions List established 
                                under section 38 of the Arms Export 
                                Control Act (22 U.S.C. 2778); or
                                    ``(II) an item controlled under 
                                regulations under the Export 
                                Administration Regulations (15 C.F.R. 
                                Parts 730-774); or
                          ``(vi) an offense with respect to which the 
                      United States would be obligated by a multilateral 
                      treaty, either to extradite the alleged offender 
                      or to submit the case for prosecution, if the 
                      offender were found within the territory of the 
                      United States;''; and
            (2) in subparagraph (D)--
                    (A) by inserting ``section 541 (relating to goods 
                falsely classified),'' before ``section 542'';
                    (B) by inserting ``section 922(1) (relating to the 
                unlawful importation of firearms), section 924(n) 
                (relating to firearms trafficking),'' before ``section 
                956'';
                    (C) by inserting ``section 1030 (relating to 
                computer fraud and abuse),'' before ``1032''; and
                    (D) by inserting ``any felony violation of the 
                Foreign Agents Registration Act of 1938,'' before ``or 
                any felony violation of the Foreign Corrupt Practices 
                Act''.

SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.

    (a) Right &lt;&lt;NOTE: 18 USC 983 note.&gt;&gt; to Contest.--An owner of 
property that is confiscated under any provision of law relating to the 
confiscation of assets of suspected international terrorists, may 
contest that confiscation by filing a claim in the manner set forth in 
the Federal Rules of Civil Procedure (Supplemental Rules for Certain 
Admiralty and Maritime Claims), and asserting as an affirmative defense 
that--
            (1) the property is not subject to confiscation under such 
        provision of law; or
            (2) the innocent owner provisions of section 983(d) of title 
        18, United States Code, apply to the case.

    (b) Evidence.--In &lt;&lt;NOTE: 18 USC 983 note.&gt;&gt; considering a claim 
filed under this section, a court may admit evidence that is otherwise 
inadmissible under the Federal Rules of Evidence, if the court 
determines that the evidence is reliable, and that compliance with the 
Federal Rules of Evidence may jeopardize the national security interests 
of the United States.

    (c) &lt;&lt;NOTE: 18 USC 983 note.&gt;&gt; Clarifications.--
            (1) Protection of rights.--The exclusion of certain 
        provisions of Federal law from the definition of the term 
        ``civil forfeiture statute'' in section 983(i) of title 18, 
        United States Code, shall not be construed to deny an owner of 
        property the right to contest the confiscation of assets of 
        suspected international terrorists under--
                    (A) subsection (a) of this section;
                    (B) the Constitution; or

[[Page 115 STAT. 310]]

                    (C) subchapter II of chapter 5 of title 5, United 
                States Code (commonly known as the ``Administrative 
                Procedure Act'').
            (2) Savings clause.--Nothing in this section shall limit or 
        otherwise affect any other remedies that may be available to an 
        owner of property under section 983 of title 18, United States 
        Code, or any other provision of law.

    (d) Technical Correction.--Section 983(i)(2)(D) of title 18, United 
States Code, is amended by inserting ``or the International Emergency 
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.)'' before the 
semicolon.

SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.

    Section 1956(b) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively, and moving the margins 2 ems to the 
        right;
            (2) by inserting after ``(b)'' the following: ``Penalties.--
            ``(1) In general.--'';
            (3) by inserting ``, or section 1957'' after ``or (a)(3)''; 
        and
            (4) by adding at the end the following:
            ``(2) Jurisdiction over foreign persons.--For purposes of 
        adjudicating an action filed or enforcing a penalty ordered 
        under this section, the district courts shall have jurisdiction 
        over any foreign person, including any financial institution 
        authorized under the laws of a foreign country, against whom the 
        action is brought, if service of process upon the foreign person 
        is made under the Federal Rules of Civil Procedure or the laws 
        of the country in which the foreign person is found, and--
                    ``(A) the foreign person commits an offense under 
                subsection (a) involving a financial transaction that 
                occurs in whole or in part in the United States;
                    ``(B) the foreign person converts, to his or her own 
                use, property in which the United States has an 
                ownership interest by virtue of the entry of an order of 
                forfeiture by a court of the United States; or
                    ``(C) the foreign person is a financial institution 
                that maintains a bank account at a financial institution 
                in the United States.
            ``(3) Court authority over assets.--A court described in 
        paragraph (2) may issue a pretrial restraining order or take any 
        other action necessary to ensure that any bank account or other 
        property held by the defendant in the United States is available 
        to satisfy a judgment under this section.
            ``(4) Federal receiver.--
                    ``(A) In general.--A court described in paragraph 
                (2) may appoint a Federal Receiver, in accordance with 
                subparagraph (B) of this paragraph, to collect, marshal, 
                and take custody, control, and possession of all assets 
                of the defendant, wherever located, to satisfy a civil 
                judgment under this subsection, a forfeiture judgment 
                under section 981 or 982, or a criminal sentence under 
                section 1957 or subsection (a) of this section, 
                including an order of restitution to any victim of a 
                specified unlawful activity.

[[Page 115 STAT. 311]]

                    ``(B) Appointment and authority.--A Federal Receiver 
                described in subparagraph (A)--
                          ``(i) may be appointed upon application of a 
                      Federal prosecutor or a Federal or State 
                      regulator, by the court having jurisdiction over 
                      the defendant in the case;
                          ``(ii) shall be an officer of the court, and 
                      the powers of the Federal Receiver shall include 
                      the powers set out in section 754 of title 28, 
                      United States Code; and
                          ``(iii) shall have standing equivalent to that 
                      of a Federal prosecutor for the purpose of 
                      submitting requests to obtain information 
                      regarding the assets of the defendant--
                                    ``(I) from the Financial Crimes 
                                Enforcement Network of the Department of 
                                the Treasury; or
                                    ``(II) from a foreign country 
                                pursuant to a mutual legal assistance 
                                treaty, multilateral agreement, or other 
                                arrangement for international law 
                                enforcement assistance, provided that 
                                such requests are in accordance with the 
                                policies and procedures of the Attorney 
                                General.''.

SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK.

    Section 1956(c) of title 18, United States Code, is amended by 
striking paragraph (6) and inserting the following:
            ``(6) the term `financial institution' includes--
                    ``(A) any financial institution, as defined in 
                section 5312(a)(2) of title 31, United States Code, or 
                the regulations promulgated thereunder; and
                    ``(B) any foreign bank, as defined in section 1 of 
                the International Banking Act of 1978 (12 U.S.C. 
                3101).''.

SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK ACCOUNTS.

    (a) Forfeiture From United States Interbank Account.--Section 981 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(k) Interbank Accounts.--
            ``(1) In general.--
                    ``(A) In general.--For the purpose of a forfeiture 
                under this section or under the Controlled Substances 
                Act (21 U.S.C. 801 et seq.), if funds are deposited into 
                an account at a foreign bank, and that foreign bank has 
                an interbank account in the United States with a covered 
                financial institution (as defined in section 5318(j)(1) 
                of title 31), the funds shall be deemed to have been 
                deposited into the interbank account in the United 
                States, and any restraining order, seizure warrant, or 
                arrest warrant in rem regarding the funds may be served 
                on the covered financial institution, and funds in the 
                interbank account, up to the value of the funds 
                deposited into the account at the foreign bank, may be 
                restrained, seized, or arrested.
                    ``(B) Authority to suspend.--The Attorney General, 
                in consultation with the Secretary of the Treasury, may 
                suspend or terminate a forfeiture under this section if 
                the Attorney General determines that a conflict of law 
                exists between the laws of the jurisdiction in which the 
                foreign bank is located and the laws of the United 
                States

[[Page 115 STAT. 312]]

                with respect to liabilities arising from the restraint, 
                seizure, or arrest of such funds, and that such 
                suspension or termination would be in the interest of 
                justice and would not harm the national interests of the 
                United States.
            ``(2) No requirement for government to trace funds.--If a 
        forfeiture action is brought against funds that are restrained, 
        seized, or arrested under paragraph (1), it shall not be 
        necessary for the Government to establish that the funds are 
        directly traceable to the funds that were deposited into the 
        foreign bank, nor shall it be necessary for the Government to 
        rely on the application of section 984.
            ``(3) Claims brought by owner of the funds.--If a forfeiture 
        action is instituted against funds restrained, seized, or 
        arrested under paragraph (1), the owner of the funds deposited 
        into the account at the foreign bank may contest the forfeiture 
        by filing a claim under section 983.
            ``(4) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Interbank account.--The term `interbank 
                account' has the same meaning as in section 
                984(c)(2)(B).
                    ``(B) Owner.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), the term `owner'--
                                    ``(I) means the person who was the 
                                owner, as that term is defined in 
                                section 983(d)(6), of the funds that 
                                were deposited into the foreign bank at 
                                the time such funds were deposited; and
                                    ``(II) does not include either the 
                                foreign bank or any financial 
                                institution acting as an intermediary in 
                                the transfer of the funds into the 
                                interbank account.
                          ``(ii) Exception.--The foreign bank may be 
                      considered the `owner' of the funds (and no other 
                      person shall qualify as the owner of such funds) 
                      only if--
                                    ``(I) the basis for the forfeiture 
                                action is wrongdoing committed by the 
                                foreign bank; or
                                    ``(II) the foreign bank establishes, 
                                by a preponderance of the evidence, that 
                                prior to the restraint, seizure, or 
                                arrest of the funds, the foreign bank 
                                had discharged all or part of its 
                                obligation to the prior owner of the 
                                funds, in which case the foreign bank 
                                shall be deemed the owner of the funds 
                                to the extent of such discharged 
                                obligation.''.

    (b) Bank Records.--Section 5318 of title 31, United States Code, as 
amended by this title, is amended by adding at the end the following:
    ``(k) Bank Records Related to Anti-Money Laundering Programs.--
            ``(1) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Appropriate federal banking agency.--The term 
                `appropriate Federal banking agency' has the same 
                meaning as in section 3 of the Federal Deposit Insurance 
                Act (12 U.S.C. 1813).
                    ``(B) Incorporated term.--The term `correspondent 
                account' has the same meaning as in section 
                5318A(f)(1)(B).

[[Page 115 STAT. 313]]

            ``(2) 120-hour rule.--Not &lt;&lt;NOTE: Deadline.&gt;&gt;  later than 
        120 hours after receiving a request by an appropriate Federal 
        banking agency for information related to anti-money laundering 
        compliance by a covered financial institution or a customer of 
        such institution, a covered financial institution shall provide 
        to the appropriate Federal banking agency, or make available at 
        a location specified by the representative of the appropriate 
        Federal banking agency, information and account documentation 
        for any account opened, maintained, administered or managed in 
        the United States by the covered financial institution.
            ``(3) Foreign bank records.--
                    ``(A) Summons or subpoena of records.--
                          ``(i) In general.--The Secretary of the 
                      Treasury or the Attorney General may issue a 
                      summons or subpoena to any foreign bank that 
                      maintains a correspondent account in the United 
                      States and request records related to such 
                      correspondent account, including records 
                      maintained outside of the United States relating 
                      to the deposit of funds into the foreign bank.
                          ``(ii) Service of summons or subpoena.--A 
                      summons or subpoena referred to in clause (i) may 
                      be served on the foreign bank in the United States 
                      if the foreign bank has a representative in the 
                      United States, or in a foreign country pursuant to 
                      any mutual legal assistance treaty, multilateral 
                      agreement, or other request for international law 
                      enforcement assistance.
                    ``(B) Acceptance of service.--
                          ``(i) Maintaining records in the united 
                      states.--Any covered financial institution which 
                      maintains a correspondent account in the United 
                      States for a foreign bank shall maintain records 
                      in the United States identifying the owners of 
                      such foreign bank and the name and address of a 
                      person who resides in the United States and is 
                      authorized to accept service of legal process for 
                      records regarding the correspondent account.
                          ``(ii) Law &lt;&lt;NOTE: Deadline.&gt;&gt; enforcement 
                      request.--Upon receipt of a written request from a 
                      Federal law enforcement officer for information 
                      required to be maintained under this paragraph, 
                      the covered financial institution shall provide 
                      the information to the requesting officer not 
                      later than 7 days after receipt of the request.
                    ``(C) Termination of correspondent relationship.--
                          ``(i) Termination upon receipt of notice.--A 
                      covered financial institution shall terminate any 
                      correspondent relationship with a foreign bank not 
                      later than 10 business days after receipt of 
                      written notice from the Secretary or the Attorney 
                      General (in each case, after consultation with the 
                      other) that the foreign bank has failed--
                                    ``(I) to comply with a summons or 
                                subpoena issued under subparagraph (A); 
                                or
                                    ``(II) to initiate proceedings in a 
                                United States court contesting such 
                                summons or subpoena.

[[Page 115 STAT. 314]]

                          ``(ii) Limitation on liability.--A covered 
                      financial institution shall not be liable to any 
                      person in any court or arbitration proceeding for 
                      terminating a correspondent relationship in 
                      accordance with this subsection.
                          ``(iii) Failure to terminate relationship.--
                      Failure to terminate a correspondent relationship 
                      in accordance with this subsection shall render 
                      the covered financial institution liable for a 
                      civil penalty of up to $10,000 per day until the 
                      correspondent relationship is so terminated.''.

    (c) Grace &lt;&lt;NOTE: 31 USC 5318 note.&gt;&gt; Period.--Financial 
institutions shall have 60 days from the date of enactment of this Act 
to comply with the provisions of section 5318(k) of title 31, United 
States Code, as added by this section.

    (d) Authority To Order Convicted Criminal To Return Property Located 
Abroad.--
            (1) Forfeiture of substitute property.--Section 413(p) of 
        the Controlled Substances Act (21 U.S.C. 853) is amended to read 
        as follows:

    ``(p) Forfeiture of Substitute Property.--
            ``(1) In general.--Paragraph (2) of this subsection shall 
        apply, if any property described in subsection (a), as a result 
        of any act or omission of the defendant--
                    ``(A) cannot be located upon the exercise of due 
                diligence;
                    ``(B) has been transferred or sold to, or deposited 
                with, a third party;
                    ``(C) has been placed beyond the jurisdiction of the 
                court;
                    ``(D) has been substantially diminished in value; or
                    ``(E) has been commingled with other property which 
                cannot be divided without difficulty.
            ``(2) Substitute property.--In any case described in any of 
        subparagraphs (A) through (E) of paragraph (1), the court shall 
        order the forfeiture of any other property of the defendant, up 
        to the value of any property described in subparagraphs (A) 
        through (E) of paragraph (1), as applicable.
            ``(3) Return of property to jurisdiction.--In the case of 
        property described in paragraph (1)(C), the court may, in 
        addition to any other action authorized by this subsection, 
        order the defendant to return the property to the jurisdiction 
        of the court so that the property may be seized and 
        forfeited.''.
            (2) Protective orders.--Section 413(e) of the Controlled 
        Substances Act (21 U.S.C. 853(e)) is amended by adding at the 
        end the following:
            ``(4) Order to repatriate and deposit.--
                    ``(A) In general.--Pursuant to its authority to 
                enter a pretrial restraining order under this section, 
                the court may order a defendant to repatriate any 
                property that may be seized and forfeited, and to 
                deposit that property pending trial in the registry of 
                the court, or with the United States Marshals Service or 
                the Secretary of the Treasury, in an interest-bearing 
                account, if appropriate.
                    ``(B) Failure to comply.--Failure to comply with an 
                order under this subsection, or an order to repatriate 
                property under subsection (p), shall be punishable as a 
                civil

[[Page 115 STAT. 315]]

                or criminal contempt of court, and may also result in an 
                enhancement of the sentence of the defendant under the 
                obstruction of justice provision of the Federal 
                Sentencing Guidelines.''.

SEC. 320. PROCEEDS OF FOREIGN CRIMES.

    Section 981(a)(1)(B) of title 18, United States Code, is amended to 
read as follows:
            ``(B) Any property, real or personal, within the 
        jurisdiction of the United States, constituting, derived from, 
        or traceable to, any proceeds obtained directly or indirectly 
        from an offense against a foreign nation, or any property used 
        to facilitate such an offense, if the offense--
                    ``(i) involves the manufacture, importation, sale, 
                or distribution of a controlled substance (as that term 
                is defined for purposes of the Controlled Substances 
                Act), or any other conduct described in section 
                1956(c)(7)(B);
                    ``(ii) would be punishable within the jurisdiction 
                of the foreign nation by death or imprisonment for a 
                term exceeding 1 year; and
                    ``(iii) would be punishable under the laws of the 
                United States by imprisonment for a term exceeding 1 
                year, if the act or activity constituting the offense 
                had occurred within the jurisdiction of the United 
                States.''.

SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF CHAPTER 
            53 OF TITLE 31, UNITED STATES CODE.

    (a) Credit Unions.--Subparagraph (E) of section 5312(2) of title 31, 
United States Code, is amended to read as follows:
                    ``(E) any credit union;''.

    (b) Futures Commission Merchant; Commodity Trading Advisor; 
Commodity Pool Operator.--Section 5312 of title 31, United States Code, 
is amended by adding at the end the following new subsection:
    ``(c) Additional Definitions.--For purposes of this subchapter, the 
following definitions shall apply:
            ``(1) Certain institutions included in definition.--The term 
        `financial institution' (as defined in subsection (a)) includes 
        the following:
                    ``(A) Any futures commission merchant, commodity 
                trading advisor, or commodity pool operator registered, 
                or required to register, under the Commodity Exchange 
                Act.''.

    (c) CFTC &lt;&lt;NOTE: 31 USC 5318 note.&gt;&gt; Included.--For purposes of this 
Act and any amendment made by this Act to any other provision of law, 
the term ``Federal functional regulator'' includes the Commodity Futures 
Trading Commission.

SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.

    Section 2466 of title 18, United States Code, is amended by 
designating the present matter as subsection (a), and adding at the end 
the following:
    ``(b) Subsection (a) may be applied to a claim filed by a 
corporation if any majority shareholder, or individual filing the claim 
on behalf of the corporation is a person to whom subsection (a) 
applies.''.

SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.

    Section 2467 of title 28, United States Code, is amended--

[[Page 115 STAT. 316]]

            (1) in subsection (d), by adding the following after 
        paragraph (2):
            ``(3) Preservation of property.--
                    ``(A) In general.--To preserve the availability of 
                property subject to a foreign forfeiture or confiscation 
                judgment, the Government may apply for, and the court 
                may issue, a restraining order pursuant to section 
                983(j) of title 18, at any time before or after an 
                application is filed pursuant to subsection (c)(1) of 
                this section.
                    ``(B) Evidence.--The court, in issuing a restraining 
                order under subparagraph (A)--
                          ``(i) may rely on information set forth in an 
                      affidavit describing the nature of the proceeding 
                      or investigation underway in the foreign country, 
                      and setting forth a reasonable basis to believe 
                      that the property to be restrained will be named 
                      in a judgment of forfeiture at the conclusion of 
                      such proceeding; or
                          ``(ii) may register and enforce a restraining 
                      order that has been issued by a court of competent 
                      jurisdiction in the foreign country and certified 
                      by the Attorney General pursuant to subsection 
                      (b)(2).
                    ``(C) Limit on grounds for objection.--No person may 
                object to a restraining order under subparagraph (A) on 
                any ground that is the subject of parallel litigation 
                involving the same property that is pending in a foreign 
                court.'';
            (2) in subsection (b)(1)(C), by striking ``establishing that 
        the defendant received notice of the proceedings in sufficient 
        time to enable the defendant'' and inserting ``establishing that 
        the foreign nation took steps, in accordance with the principles 
        of due process, to give notice of the proceedings to all persons 
        with an interest in the property in sufficient time to enable 
        such persons'';
            (3) in subsection (d)(1)(D), by striking ``the defendant in 
        the proceedings in the foreign court did not receive notice'' 
        and inserting ``the foreign nation did not take steps, in 
        accordance with the principles of due process, to give notice of 
        the proceedings to a person with an interest in the property''; 
        and
            (4) in subsection (a)(2)(A), by inserting ``, any violation 
        of foreign law that would constitute a violation or an offense 
        for which property could be forfeited under Federal law if the 
        offense were committed in the United States'' after ``United 
        Nations Convention''.

SEC. 324. &lt;&lt;NOTE: 31 USC 5311 note.&gt;&gt; REPORT AND RECOMMENDATION.

    Not &lt;&lt;NOTE: Deadline.&gt;&gt; later than 30 months after the date of 
enactment of this Act, the Secretary, in consultation with the Attorney 
General, the Federal banking agencies (as defined at section 3 of the 
Federal Deposit Insurance Act), the National Credit Union Administration 
Board, the Securities and Exchange Commission, and such other agencies 
as the Secretary may determine, at the discretion of the Secretary, 
shall evaluate the operations of the provisions of this subtitle and 
make recommendations to Congress as to any legislative action with 
respect to this subtitle as the Secretary may determine to be necessary 
or advisable.

[[Page 115 STAT. 317]]

SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.

    Section 5318(h) of title 31, United States Code, as amended by 
section 202 of this title, is amended by adding at the end the 
following:
            ``(3) Concentration accounts.--The Secretary may prescribe 
        regulations under this subsection that govern maintenance of 
        concentration accounts by financial institutions, in order to 
        ensure that such accounts are not used to prevent association of 
        the identity of an individual customer with the movement of 
        funds of which the customer is the direct or beneficial owner, 
        which regulations shall, at a minimum--
                    ``(A) prohibit financial institutions from allowing 
                clients to direct transactions that move their funds 
                into, out of, or through the concentration accounts of 
                the financial institution;
                    ``(B) prohibit financial institutions and their 
                employees from informing customers of the existence of, 
                or the means of identifying, the concentration accounts 
                of the institution; and
                    ``(C) require each financial institution to 
                establish written procedures governing the documentation 
                of all transactions involving a concentration account, 
                which procedures shall ensure that, any time a 
                transaction involving a concentration account commingles 
                funds belonging to 1 or more customers, the identity of, 
                and specific amount belonging to, each customer is 
                documented.''.

SEC. 326. VERIFICATION OF IDENTIFICATION.

    (a) In General.--Section 5318 of title 31, United States Code, as 
amended by this title, is amended by adding at the end the following:
    ``(l) Identification and Verification of Accountholders.--
            ``(1) In general.--Subject &lt;&lt;NOTE: Regulations.&gt;&gt; to the 
        requirements of this subsection, the Secretary of the Treasury 
        shall prescribe regulations setting forth the minimum standards 
        for financial institutions and their customers regarding the 
        identity of the customer that shall apply in connection with the 
        opening of an account at a financial institution.
            ``(2) Minimum requirements.--The regulations shall, at a 
        minimum, require financial institutions to implement, and 
        customers (after being given adequate notice) to comply with, 
        reasonable procedures for--
                    ``(A) verifying the identity of any person seeking 
                to open an account to the extent reasonable and 
                practicable;
                    ``(B) maintaining records of the information used to 
                verify a person's identity, including name, address, and 
                other identifying information; and
                    ``(C) consulting lists of known or suspected 
                terrorists or terrorist organizations provided to the 
                financial institution by any government agency to 
                determine whether a person seeking to open an account 
                appears on any such list.
            ``(3) Factors to be considered.--In prescribing regulations 
        under this subsection, the Secretary shall take into 
        consideration the various types of accounts maintained by 
        various types of financial institutions, the various methods of 
        opening

[[Page 115 STAT. 318]]

        accounts, and the various types of identifying information 
        available.
            ``(4) Certain financial institutions.--In the case of any 
        financial institution the business of which is engaging in 
        financial activities described in section 4(k) of the Bank 
        Holding Company Act of 1956 (including financial activities 
        subject to the jurisdiction of the Commodity Futures Trading 
        Commission), the regulations prescribed by the Secretary under 
        paragraph (1) shall be prescribed jointly with each Federal 
        functional regulator (as defined in section 509 of the Gramm-
        Leach-Bliley Act, including the Commodity Futures Trading 
        Commission) appropriate for such financial institution.
            ``(5) Exemptions.--The Secretary (and, in the case of any 
        financial institution described in paragraph (4), any Federal 
        agency described in such paragraph) may, by regulation or order, 
        exempt any financial institution or type of account from the 
        requirements of any regulation prescribed under this subsection 
        in accordance with such standards and procedures as the 
        Secretary may prescribe.
            ``(6) Effective date.--Final regulations prescribed under 
        this subsection shall take effect before the end of the 1-year 
        period beginning on the date of enactment of the International 
        Money Laundering Abatement and Financial Anti-Terrorism Act of 
        2001.''.

    (b) Study &lt;&lt;NOTE: Deadline.&gt;&gt; and Report Required.--Within 6 months 
after the date of enactment of this Act, the Secretary, in consultation 
with the Federal functional regulators (as defined in section 509 of the 
Gramm-Leach-Bliley Act) and other appropriate Government agencies, shall 
submit a report to the Congress containing recommendations for--
            (1) determining the most timely and effective way to require 
        foreign nationals to provide domestic financial institutions and 
        agencies with appropriate and accurate information, comparable 
        to that which is required of United States nationals, concerning 
        the identity, address, and other related information about such 
        foreign nationals necessary to enable such institutions and 
        agencies to comply with the requirements of this section;
            (2) requiring foreign nationals to apply for and obtain, 
        before opening an account with a domestic financial institution, 
        an identification number which would function similarly to a 
        Social Security number or tax identification number; and
            (3) establishing a system for domestic financial 
        institutions and agencies to review information maintained by 
        relevant Government agencies for purposes of verifying the 
        identities of foreign nationals seeking to open accounts at 
        those institutions and agencies.

SEC. 327. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.

    (a) Bank Holding Company Act of 1956.--
            (1) In general.--Section 3(c) of the Bank Holding Company 
        Act of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end 
        the following new paragraph:
            ``(6) Money laundering.--In every case, the Board shall take 
        into consideration the effectiveness of the company or companies 
        in combatting money laundering activities, including in overseas 
        branches.''.

[[Page 115 STAT. 319]]

    (2) Scope &lt;&lt;NOTE: 12 USC 1842 note.&gt;&gt; of application.--The amendment 
made by paragraph (1) shall apply with respect to any application 
submitted to the Board of Governors of the Federal Reserve System under 
section 3 of the Bank Holding Company Act of 1956 after December 31, 
2001, which has not been approved by the Board before the date of 
enactment of this Act.

    (b) Mergers Subject to Review Under Federal Deposit Insurance Act.--
            (1) In general.--Section 18(c) of the Federal Deposit 
        Insurance Act (12 U.S.C. 1828(c)) is amended--
                    (A) by redesignating paragraph (11) as paragraph 
                (12); and
                    (B) by inserting after paragraph (10), the following 
                new paragraph:
            ``(11) Money laundering.--In every case, the responsible 
        agency, shall take into consideration the effectiveness of any 
        insured depository institution involved in the proposed merger 
        transaction in combatting money laundering activities, including 
        in overseas branches.''.
            (2) Scope &lt;&lt;NOTE: 12 USC 1828 note.&gt;&gt; of application.--The 
        amendment made by paragraph (1) shall apply with respect to any 
        application submitted to the responsible agency under section 
        18(c) of the Federal Deposit Insurance Act after December 31, 
        2001, which has not been approved by all appropriate responsible 
        agencies before the date of enactment of this Act.

SEC. 328. &lt;&lt;NOTE: 31 USC 5311 note.&gt;&gt; INTERNATIONAL COOPERATION ON 
            IDENTIFICATION OF ORIGINATORS OF WIRE TRANSFERS.

    The Secretary shall--
            (1) in consultation with the Attorney General and the 
        Secretary of State, take all reasonable steps to encourage 
        foreign governments to require the inclusion of the name of the 
        originator in wire transfer instructions sent to the United 
        States and other countries, with the information to remain with 
        the transfer from its origination until the point of 
        disbursement; and
            (2) report annually to the Committee on Financial Services 
        of the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate on--
                    (A) progress toward the goal enumerated in paragraph 
                (1), as well as impediments to implementation and an 
                estimated compliance rate; and
                    (B) impediments to instituting a regime in which all 
                appropriate identification, as defined by the Secretary, 
                about wire transfer recipients shall be included with 
                wire transfers from their point of origination until 
                disbursement.

SEC. 329. &lt;&lt;NOTE: 31 USC 5311 note.&gt;&gt; CRIMINAL PENALTIES.

    Any person who is an official or employee of any department, agency, 
bureau, office, commission, or other entity of the Federal Government, 
and any other person who is acting for or on behalf of any such entity, 
who, directly or indirectly, in connection with the administration of 
this title, corruptly demands, seeks, receives, accepts, or agrees to 
receive or accept anything of value personally or for any other person 
or entity in return for--
            (1) being influenced in the performance of any official act;

[[Page 115 STAT. 320]]

            (2) being influenced to commit or aid in the committing, or 
        to collude in, or allow, any fraud, or make opportunity for the 
        commission of any fraud, on the United States; or
            (3) being induced to do or omit to do any act in violation 
        of the official duty of such official or person,

shall be fined in an amount not more than 3 times the monetary 
equivalent of the thing of value, or imprisoned for not more than 15 
years, or both. A violation of this section shall be subject to chapter 
227 of title 18, United States Code, and the provisions of the United 
States Sentencing Guidelines.

SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF MONEY 
            LAUNDERING, FINANCIAL CRIMES, AND THE FINANCES OF TERRORIST 
            GROUPS.

  (a) Negotiations.--It is the sense of the Congress that the President 
should direct the Secretary of State, the Attorney General, or the 
Secretary of the Treasury, as appropriate, and in consultation with the 
Board of Governors of the Federal Reserve System, to seek to enter into 
negotiations with the appropriate financial supervisory agencies and 
other officials of any foreign country the financial institutions of 
which do business with United States financial institutions or which may 
be utilized by any foreign terrorist organization (as designated under 
section 219 of the Immigration and Nationality Act), any person who is a 
member or representative of any such organization, or any person engaged 
in money laundering or financial or other crimes.
    (b) Purposes of Negotiations.--It is the sense of the Congress that, 
in carrying out any negotiations described in paragraph (1), the 
President should direct the Secretary of State, the Attorney General, or 
the Secretary of the Treasury, as appropriate, to seek to enter into and 
further cooperative efforts, voluntary information exchanges, the use of 
letters rogatory, mutual legal assistance treaties, and international 
agreements to--
            (1) ensure that foreign banks and other financial 
        institutions maintain adequate records of transaction and 
        account information relating to any foreign terrorist 
        organization (as designated under section 219 of the Immigration 
        and Nationality Act), any person who is a member or 
        representative of any such organization, or any person engaged 
        in money laundering or financial or other crimes; and
          (2) establish a mechanism whereby such records may be made 
        available to United States law enforcement officials and 
        domestic financial institution supervisors, when appropriate.

    Subtitle B--Bank Secrecy Act Amendments and Related Improvements

SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.

    (a) Amendment Relating to Civil Liability Immunity for 
Disclosures.--Section 5318(g)(3) of title 31, United States Code, is 
amended to read as follows:
            ``(3) Liability for disclosures.--
                    ``(A) In general.--Any financial institution that 
                makes a voluntary disclosure of any possible violation 
                of law or regulation to a government agency or makes a 
                disclosure

[[Page 115 STAT. 321]]

                pursuant to this subsection or any other authority, and 
                any director, officer, employee, or agent of such 
                institution who makes, or requires another to make any 
                such disclosure, shall not be liable to any person under 
                any law or regulation of the United States, any 
                constitution, law, or regulation of any State or 
                political subdivision of any State, or under any 
                contract or other legally enforceable agreement 
                (including any arbitration agreement), for such 
                disclosure or for any failure to provide notice of such 
                disclosure to the person who is the subject of such 
                disclosure or any other person identified in the 
                disclosure.
                    ``(B) Rule of construction.--Subparagraph (A) shall 
                not be construed as creating--
                          ``(i) any inference that the term `person', as 
                      used in such subparagraph, may be construed more 
                      broadly than its ordinary usage so as to include 
                      any government or agency of government; or
                          ``(ii) any immunity against, or otherwise 
                      affecting, any civil or criminal action brought by 
                      any government or agency of government to enforce 
                      any constitution, law, or regulation of such 
                      government or agency.''.

    (b) Prohibition on Notification of Disclosures.--Section 5318(g)(2) 
of title 31, United States Code, is amended to read as follows:
            ``(2) Notification prohibited.--
                    ``(A) In general.--If a financial institution or any 
                director, officer, employee, or agent of any financial 
                institution, voluntarily or pursuant to this section or 
                any other authority, reports a suspicious transaction to 
                a government agency--
                          ``(i) the financial institution, director, 
                      officer, employee, or agent may not notify any 
                      person involved in the transaction that the 
                      transaction has been reported; and
                          ``(ii) no officer or employee of the Federal 
                      Government or of any State, local, tribal, or 
                      territorial government within the United States, 
                      who has any knowledge that such report was made 
                      may disclose to any person involved in the 
                      transaction that the transaction has been 
                      reported, other than as necessary to fulfill the 
                      official duties of such officer or employee.
                    ``(B) Disclosures in certain employment 
                references.--
                          ``(i) Rule of construction.--Notwithstanding 
                      the application of subparagraph (A) in any other 
                      context, subparagraph (A) shall not be construed 
                      as prohibiting any financial institution, or any 
                      director, officer, employee, or agent of such 
                      institution, from including information that was 
                      included in a report to which subparagraph (A) 
                      applies--
                                    ``(I) in a written employment 
                                reference that is provided in accordance 
                                with section 18(w) of the Federal 
                                Deposit Insurance Act in response to a 
                                request from another financial 
                                institution; or
                                    ``(II) in a written termination 
                                notice or employment reference that is 
                                provided in accordance with

[[Page 115 STAT. 322]]

                                the rules of a self-regulatory 
                                organization registered with the 
                                Securities and Exchange Commission or 
                                the Commodity Futures Trading 
                                Commission,
                      except that such written reference or notice may 
                      not disclose that such information was also 
                      included in any such report, or that such report 
                      was made.
                          ``(ii) Information not required.--Clause (i) 
                      shall not be construed, by itself, to create any 
                      affirmative duty to include any information 
                      described in clause (i) in any employment 
                      reference or termination notice referred to in 
                      clause (i).''.

SEC. 352. ANTI-MONEY LAUNDERING PROGRAMS.

    (a) In General.--Section 5318(h) of title 31, United States Code, is 
amended to read as follows:
    ``(h) Anti-money Laundering Programs.--
            ``(1) In general.--In order to guard against money 
        laundering through financial institutions, each financial 
        institution shall establish anti-money laundering programs, 
        including, at a minimum--
                    ``(A) the development of internal policies, 
                procedures, and controls;
                    ``(B) the designation of a compliance officer;
                    ``(C) an ongoing employee training program; and
                    ``(D) an independent audit function to test 
                programs.
            ``(2) Regulations.--The Secretary of the Treasury, after 
        consultation with the appropriate Federal functional regulator 
        (as defined in section 509 of the Gramm-Leach-Bliley Act), may 
        prescribe minimum standards for programs established under 
        paragraph (1), and may exempt from the application of those 
        standards any financial institution that is not subject to the 
        provisions of the rules contained in part 103 of title 31, of 
        the Code of Federal Regulations, or any successor rule thereto, 
        for so long as such financial institution is not subject to the 
        provisions of such rules.''.

    (b) Effective &lt;&lt;NOTE: 31 USC 5318 note.&gt;&gt; Date.--The amendment made 
by subsection (a) shall take effect at the end of the 180-day period 
beginning on the date of enactment of this Act.

    (c) Date &lt;&lt;NOTE: 31 USC 5318 note.&gt;&gt; of Application of Regulations; 
Factors to Be Taken Into Account.--Before the end of the 180-day period 
beginning on the date of enactment of this Act, the Secretary shall 
prescribe regulations that consider the extent to which the requirements 
imposed under this section are commensurate with the size, location, and 
activities of the financial institutions to which such regulations 
apply.

SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND 
            CERTAIN RECORDKEEPING REQUIREMENTS, AND LENGTHENING 
            EFFECTIVE PERIOD OF GEOGRAPHIC TARGETING ORDERS.

    (a) Civil Penalty for Violation of Targeting Order.--Section 
5321(a)(1) of title 31, United States Code, is amended--
            (1) by inserting ``or order issued'' after ``subchapter or a 
        regulation prescribed''; and
            (2) by inserting ``, or willfully violating a regulation 
        prescribed under section 21 of the Federal Deposit Insurance Act

[[Page 115 STAT. 323]]

        or section 123 of Public Law 91-508,'' after ``sections 5314 and 
        5315)''.

    (b) Criminal Penalties for Violation of Targeting Order.--Section 
5322 of title 31, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or order issued'' after 
                ``willfully violating this subchapter or a regulation 
                prescribed''; and
                    (B) by inserting ``, or willfully violating a 
                regulation prescribed under section 21 of the Federal 
                Deposit Insurance Act or section 123 of Public Law 91-
                508,'' after ``under section 5315 or 5324)''; and
            (2) in subsection (b)--
                    (A) by inserting ``or order issued'' after 
                ``willfully violating this subchapter or a regulation 
                prescribed''; and
                    (B) by inserting ``or willfully violating a 
                regulation prescribed under section 21 of the Federal 
                Deposit Insurance Act or section 123 of Public Law 91-
                508,'' after ``under section 5315 or 5324),''.

    (c) Structuring Transactions To Evade Targeting Order or Certain 
Recordkeeping Requirements.--Section 5324(a) of title 31, United States 
Code, is amended--
            (1) by inserting a comma after ``shall'';
            (2) by striking ``section--'' and inserting ``section, the 
        reporting or recordkeeping requirements imposed by any order 
        issued under section 5326, or the recordkeeping requirements 
        imposed by any regulation prescribed under section 21 of the 
        Federal Deposit Insurance Act or section 123 of Public Law 91-
        508--'';
            (3) in paragraph (1), by inserting ``, to file a report or 
        to maintain a record required by an order issued under section 
        5326, or to maintain a record required pursuant to any 
        regulation prescribed under section 21 of the Federal Deposit 
        Insurance Act or section 123 of Public Law 91-508'' after 
        ``regulation prescribed under any such section''; and
            (4) in paragraph (2), by inserting ``, to file a report or 
        to maintain a record required by any order issued under section 
        5326, or to maintain a record required pursuant to any 
        regulation prescribed under section 5326, or to maintain a 
        record required pursuant to any regulation prescribed under 
        section 21 of the Federal Deposit Insurance Act or section 123 
        of Public Law 91-508,'' after ``regulation prescribed under any 
        such section''.

    (d) Lengthening Effective Period of Geographic Targeting Orders.--
Section 5326(d) of title 31, United States Code, is amended by striking 
``more than 60'' and inserting ``more than 180''.

SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.

    Section 5341(b) of title 31, United States Code, is amended by 
adding at the end the following:
            ``(12) Data regarding funding of terrorism.--Data concerning 
        money laundering efforts related to the funding of acts of 
        international terrorism, and efforts directed at the prevention, 
        detection, and prosecution of such funding.''.

[[Page 115 STAT. 324]]

SEC. 355. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL ACTIVITY IN 
            WRITTEN EMPLOYMENT REFERENCES.

    Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is 
amended by adding at the end the following:
    ``(w) Written Employment References May Contain Suspicions of 
Involvement in Illegal Activity.--
            ``(1) Authority to disclose information.--Notwithstanding 
        any other provision of law, any insured depository institution, 
        and any director, officer, employee, or agent of such 
        institution, may disclose in any written employment reference 
        relating to a current or former institution-affiliated party of 
        such institution which is provided to another insured depository 
        institution in response to a request from such other 
        institution, information concerning the possible involvement of 
        such institution-affiliated party in potentially unlawful 
        activity.
            ``(2) Information not required.--Nothing in paragraph (1) 
        shall be construed, by itself, to create any affirmative duty to 
        include any information described in paragraph (1) in any 
        employment reference referred to in paragraph (1).
            ``(3) Malicious intent.--Notwithstanding any other provision 
        of this subsection, voluntary disclosure made by an insured 
        depository institution, and any director, officer, employee, or 
        agent of such institution under this subsection concerning 
        potentially unlawful activity that is made with malicious 
        intent, shall not be shielded from liability from the person 
        identified in the disclosure.
            ``(4) Definition.--For purposes of this subsection, the term 
        `insured depository institution' includes any uninsured branch 
        or agency of a foreign bank.''.

SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS AND 
            DEALERS; INVESTMENT COMPANY STUDY.

    (a) Deadline &lt;&lt;NOTE: 31 USC 5318 note.&gt;&gt; for Suspicious Activity 
Reporting Requirements for Registered Brokers 
and &lt;&lt;NOTE: Regulations.3Federal Register, publication.&gt;&gt; Dealers.--The 
Secretary, after consultation with the Securities and Exchange 
Commission and the Board of Governors of the Federal Reserve System, 
shall publish proposed regulations in the Federal Register before 
January 1, 2002, requiring brokers and dealers registered with the 
Securities and Exchange Commission under the Securities Exchange Act of 
1934 to submit suspicious activity reports under section 5318(g) of 
title 31, United States Code. Such regulations shall be published in 
final form not later than July 1, 2002.

    (b) Suspicious &lt;&lt;NOTE: 31 USC 5318 note.&gt;&gt; Activity Reporting 
Requirements For Futures Commission Merchants, Commodity Trading 
Advisors, and Commodity Pool Operators.--The Secretary, in consultation 
with the Commodity Futures Trading Commission, may prescribe regulations 
requiring futures commission merchants, commodity trading advisors, and 
commodity pool operators registered under the Commodity Exchange Act to 
submit suspicious activity reports under section 5318(g) of title 31, 
United States Code.

    (c) Report &lt;&lt;NOTE: 31 USC 5311 note.&gt;&gt; on Investment Companies.--
            (1) In &lt;&lt;NOTE: Deadline.&gt;&gt; general.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary, the 
        Board of Governors of the Federal Reserve System, and the 
        Securities and Exchange Commission shall jointly submit a report 
        to the Congress on recommendations for effective regulations to 
        apply the requirements of subchapter II of chapter 53 of title 
        31,

[[Page 115 STAT. 325]]

        United States Code, to investment companies pursuant to section 
        5312(a)(2)(I) of title 31, United States Code.
            (2) Definition.--For purposes of this subsection, the term 
        ``investment company''--
                    (A) has the same meaning as in section 3 of the 
                Investment Company Act of 1940 (15 U.S.C. 80a-3); and
                    (B) includes any person that, but for the exceptions 
                provided for in paragraph (1) or (7) of section 3(c) of 
                the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)), 
                would be an investment company.
            (3) Additional recommendations.--The report required by 
        paragraph (1) may make different recommendations for different 
        types of entities covered by this subsection.
            (4) Beneficial ownership of personal holding companies.--The 
        report described in paragraph (1) shall also include 
        recommendations as to whether the Secretary should promulgate 
        regulations to treat any corporation or business or other 
        grantor trust whose assets are predominantly securities, bank 
        certificates of deposit, or other securities or investment 
        instruments (other than such as relate to operating subsidiaries 
        of such corporation or trust) and that has 5 or fewer common 
        shareholders or holders of beneficial or other equity interest, 
        as a financial institution within the meaning of that phrase in 
        section 5312(a)(2)(I) and whether to require such corporations 
        or trusts to disclose their beneficial owners when opening 
        accounts or initiating funds transfers at any domestic financial 
        institution.

SEC. 357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY PROVISIONS.

    (a) Report &lt;&lt;NOTE: Deadline.&gt;&gt; Required.--Not later than 6 months 
after the date of enactment of this Act, the Secretary shall submit a 
report to the Congress relating to the role of the Internal Revenue 
Service in the administration of subchapter II of chapter 53 of title 
31, United States Code (commonly known as the ``Bank Secrecy Act'').

    (b) Contents.--The report required by subsection (a)--
            (1) shall specifically address, and contain recommendations 
        concerning--
                    (A) whether it is advisable to shift the processing 
                of information reporting to the Department of the 
                Treasury under the Bank Secrecy Act provisions to 
                facilities other than those managed by the Internal 
                Revenue Service; and
                    (B) whether it remains reasonable and efficient, in 
                light of the objective of both anti-money-laundering 
                programs and Federal tax administration, for the 
                Internal Revenue Service to retain authority and 
                responsibility for audit and examination of the 
                compliance of money services businesses and gaming 
                institutions with those Bank Secrecy Act provisions; and
            (2) shall, if the Secretary determines that the information 
        processing responsibility or the audit and examination 
        responsibility of the Internal Revenue Service, or both, with 
        respect to those Bank Secrecy Act provisions should be 
        transferred to other agencies, include the specific 
        recommendations of the Secretary regarding the agency or 
        agencies to which any such function should be transferred, 
        complete with a budgetary and resources plan for expeditiously 
        accomplishing the transfer.

[[Page 115 STAT. 326]]

SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED STATES 
            INTELLIGENCE AGENCIES TO FIGHT INTERNATIONAL TERRORISM.

    (a) Amendment Relating to the Purposes of Chapter 53 of Title 31, 
United States Code.--Section 5311 of title 31, United States Code, is 
amended by inserting before the period at the end the following: ``, or 
in the conduct of intelligence or counterintelligence activities, 
including analysis, to protect against international terrorism''.
    (b) Amendment Relating to Reporting of Suspicious Activities.--
Section 5318(g)(4)(B) of title 31, United States Code, is amended by 
striking ``or supervisory agency'' and inserting ``, supervisory agency, 
or United States intelligence agency for use in the conduct of 
intelligence or counterintelligence activities, including analysis, to 
protect against international terrorism''.
    (c) Amendment Relating to Availability of Reports.--Section 5319 of 
title 31, United States Code, is amended to read as follows:

``Sec. 5319. Availability of reports

    ``The Secretary of the Treasury shall make information in a report 
filed under this subchapter available to an agency, including any State 
financial institutions supervisory agency, United States intelligence 
agency or self-regulatory organization registered with the Securities 
and Exchange Commission or the Commodity Futures Trading Commission, 
upon request of the head of the agency or organization. The report shall 
be available for a purpose that is consistent with this subchapter. The 
Secretary may only require reports on the use of such information by any 
State financial institutions supervisory agency for other than 
supervisory purposes or by United States intelligence agencies. However, 
a report and records of reports are exempt from disclosure under section 
552 of title 5.''.
    (d) Amendment Relating to the Purposes of the Bank Secrecy Act 
Provisions.--Section 21(a) of the Federal Deposit Insurance Act (12 
U.S.C. 1829b(a)) is amended to read as follows:
    ``(a) Congressional Findings and Declaration of Purpose.--
            ``(1) Findings.--Congress finds that--
                    ``(A) adequate records maintained by insured 
                depository institutions have a high degree of usefulness 
                in criminal, tax, and regulatory investigations or 
                proceedings, and that, given the threat posed to the 
                security of the Nation on and after the terrorist 
                attacks against the United States on September 11, 2001, 
                such records may also have a high degree of usefulness 
                in the conduct of intelligence or counterintelligence 
                activities, including analysis, to protect against 
                domestic and international terrorism; and
                    ``(B) microfilm or other reproductions and other 
                records made by insured depository institutions of 
                checks, as well as records kept by such institutions, of 
                the identity of persons maintaining or authorized to act 
                with respect to accounts therein, have been of 
                particular value in proceedings described in 
                subparagraph (A).
            ``(2) Purpose.--It is the purpose of this section to require 
        the maintenance of appropriate types of records by insured 
        depository institutions in the United States where such records

[[Page 115 STAT. 327]]

        have a high degree of usefulness in criminal, tax, or regulatory 
        investigations or proceedings, recognizes that, given the threat 
        posed to the security of the Nation on and after the terrorist 
        attacks against the United States on September 11, 2001, such 
        records may also have a high degree of usefulness in the conduct 
        of intelligence or counterintelligence activities, including 
        analysis, to protect against international terrorism.''.

    (e) Amendment Relating to the Purposes of the Bank Secrecy Act.--
Section 123(a) of Public Law 91-508 (12 U.S.C. 1953(a)) is amended to 
read as follows:
    ``(a) Regulations.--If the Secretary determines that the maintenance 
of appropriate records and procedures by any uninsured bank or uninsured 
institution, or any person engaging in the business of carrying on in 
the United States any of the functions referred to in subsection (b), 
has a high degree of usefulness in criminal, tax, or regulatory 
investigations or proceedings, and that, given the threat posed to the 
security of the Nation on and after the terrorist attacks against the 
United States on September 11, 2001, such records may also have a high 
degree of usefulness in the conduct of intelligence or 
counterintelligence activities, including analysis, to protect against 
international terrorism, he may by regulation require such bank, 
institution, or person.''.
    (f) Amendments to the Right to Financial Privacy Act.--The Right to 
Financial Privacy Act of 1978 is amended--
            (1) in section 1112(a) (12 U.S.C. 3412(a)), by inserting ``, 
        or intelligence or counterintelligence activity, investigation 
        or analysis related to international terrorism'' after 
        ``legitimate law enforcement inquiry'';
            (2) in section 1114(a)(1) (12 U.S.C. 3414(a)(1))--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) a Government authority authorized to conduct 
                investigations of, or intelligence or 
                counterintelligence analyses related to, international 
                terrorism for the purpose of conducting such 
                investigations or analyses.''; and
            (3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), by 
        inserting ``, or for a purpose authorized by section 1112(a)'' 
        before the semicolon at the end.

    (g) Amendment to the Fair Credit Reporting Act.--
            (1) In general.--The Fair Credit Reporting Act (15 U.S.C. 
        1681 et seq.) is amended--
                    (A) by redesignating the second of the 2 sections 
                designated as section 624 (15 U.S.C. 1681u) (relating to 
                disclosure to FBI for counterintelligence purposes) as 
                section 625; and
                    (B) by adding at the end the following new section:

``Sec. 626. &lt;&lt;NOTE: 15 USC 1681v.&gt;&gt; Disclosures to governmental agencies 
                        for counterterrorism purposes

    ``(a) Disclosure.--Notwithstanding section 604 or any other 
provision of this title, a consumer reporting agency shall furnish a 
consumer report of a consumer and all other information in a consumer's 
file to a government agency authorized to conduct investigations of, or 
intelligence or counterintelligence activities or analysis related to, 
international terrorism when presented with

[[Page 115 STAT. 328]]

a written certification by such government agency that such information 
is necessary for the agency's conduct or such investigation, activity or 
analysis.
    ``(b)  Form of Certification.--The certification described in 
subsection (a) shall be signed by a supervisory official designated by 
the head of a Federal agency or an officer of a Federal agency whose 
appointment to office is required to be made by the President, by and 
with the advice and consent of the Senate.
    ``(c) Confidentiality.--No consumer reporting agency, or officer, 
employee, or agent of such consumer reporting agency, shall disclose to 
any person, or specify in any consumer report, that a government agency 
has sought or obtained access to information under subsection (a).
    ``(d) Rule of Construction.--Nothing in section 625 shall be 
construed to limit the authority of the Director of the Federal Bureau 
of Investigation under this section.
    ``(e) Safe Harbor.--Notwithstanding any other provision of this 
title, any consumer reporting agency or agent or employee thereof making 
disclosure of consumer reports or other information pursuant to this 
section in good-faith reliance upon a certification of a governmental 
agency pursuant to the provisions of this section shall not be liable to 
any person for such disclosure under this subchapter, the constitution 
of any State, or any law or regulation of any State or any political 
subdivision of any State.''.
            (2) Clerical amendments.--The table of sections for the Fair 
        Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
                    (A) by redesignating the second of the 2 items 
                designated as section 624 as section 625; and
                    (B) by inserting after the item relating to section 
                625 (as so redesignated) the following new item:

``626. Disclosures to governmental agencies for counterterrorism 
           purposes.''.

    (h) Application &lt;&lt;NOTE: 12 USC 1829b note.&gt;&gt; of Amendments.--The 
amendments made by this section shall apply with respect to reports 
filed or records maintained on, before, or after the date of enactment 
of this Act.

SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND BANKING 
            SYSTEMS.

    (a) Definition for Subchapter.--Section 5312(a)(2)(R) of title 31, 
United States Code, is amended to read as follows:
                    ``(R) a licensed sender of money or any other person 
                who engages as a business in the transmission of funds, 
                including any person who engages as a business in an 
                informal money transfer system or any network of people 
                who engage as a business in facilitating the transfer of 
                money domestically or internationally outside of the 
                conventional financial institutions system;''.

    (b) Money Transmitting Business.--Section 5330(d)(1)(A) of title 31, 
United States Code, is amended by inserting before the semicolon the 
following: ``or any other person who engages as a business in the 
transmission of funds, including any person who engages as a business in 
an informal money transfer system or any network of people who engage as 
a business in facilitating the transfer of money domestically or 
internationally outside of the conventional financial institutions 
system;''.
    (c) Applicability of Rules.--Section 5318 of title 31, United States 
Code, as amended by this title, is amended by adding at the end the 
following:

[[Page 115 STAT. 329]]

    ``(l) Applicability of Rules.--Any rules promulgated pursuant to the 
authority contained in section 21 of the Federal Deposit Insurance Act 
(12 U.S.C. 1829b) shall apply, in addition to any other financial 
institution to which such rules apply, to any person that engages as a 
business in the transmission of funds, including any person who engages 
as a business in an informal money transfer system or any network of 
people who engage as a business in facilitating the transfer of money 
domestically or internationally outside of the conventional financial 
institutions system.''.
    (d) Report.--Not &lt;&lt;NOTE: Deadline. 31 USC 5311 note.&gt;&gt; later than 1 
year after the date of enactment of this Act, the Secretary of the 
Treasury shall report to Congress on the need for any additional 
legislation relating to persons who engage as a business in an informal 
money transfer system or any network of people who engage as a business 
in facilitating the transfer of money domestically or internationally 
outside of the conventional financial institutions system, counter money 
laundering and regulatory controls relating to underground money 
movement and banking systems, including whether the threshold for the 
filing of suspicious activity reports under section 5318(g) of title 31, 
United States Code should be lowered in the case of such systems.

SEC. 360. &lt;&lt;NOTE: 22 USC 262p-4r.&gt;&gt; USE OF AUTHORITY OF UNITED STATES 
            EXECUTIVE DIRECTORS.

    (a) Action by the President.--If the President determines that a 
particular foreign country has taken or has committed to take actions 
that contribute to efforts of the United States to respond to, deter, or 
prevent acts of international terrorism, the Secretary may, consistent 
with other applicable provisions of law, instruct the United States 
Executive Director of each international financial institution to use 
the voice and vote of the Executive Director to support any loan or 
other utilization of the funds of respective institutions for such 
country, or any public or private entity within such country.
    (b) Use of Voice and Vote.--The Secretary may instruct the United 
States Executive Director of each international financial institution to 
aggressively use the voice and vote of the Executive Director to require 
an auditing of disbursements at such institutions to ensure that no 
funds are paid to persons who commit, threaten to commit, or support 
terrorism.
    (c) Definition.--For purposes of this section, the term 
``international financial institution'' means an institution described 
in section 1701(c)(2) of the International Financial Institutions Act 
(22 U.S.C. 262r(c)(2)).

SEC. 361. FINANCIAL CRIMES ENFORCEMENT NETWORK.

    (a) In General.--Subchapter I of chapter 3 of title 31, United 
States Code, is amended--
            (1) by redesignating section 310 as section 311; and
            (2) by inserting after section 309 the following new 
        section:

``Sec. 310. Financial Crimes Enforcement Network

    ``(a) In General.--The Financial Crimes Enforcement Network 
established by order of the Secretary of the Treasury (Treasury Order 
Numbered 105-08, in this section referred to as `FinCEN') on April 25, 
1990, shall be a bureau in the Department of the Treasury.
    ``(b) Director.--

[[Page 115 STAT. 330]]

            ``(1) Appointment.--The head of FinCEN shall be the 
        Director, who shall be appointed by the Secretary of the 
        Treasury.
            ``(2) Duties and powers.--The duties and powers of the 
        Director are as follows:
                    ``(A) Advise and make recommendations on matters 
                relating to financial intelligence, financial criminal 
                activities, and other financial activities to the Under 
                Secretary of the Treasury for Enforcement.
                    ``(B) Maintain a government-wide data access 
                service, with access, in accordance with applicable 
                legal requirements, to the following:
                          ``(i) Information collected by the Department 
                      of the Treasury, including report information 
                      filed under subchapter II of chapter 53 of this 
                      title (such as reports on cash transactions, 
                      foreign financial agency transactions and 
                      relationships, foreign currency transactions, 
                      exporting and importing monetary instruments, and 
                      suspicious activities), chapter 2 of title I of 
                      Public Law 91-508, and section 21 of the Federal 
                      Deposit Insurance Act.
                          ``(ii) Information regarding national and 
                      international currency flows.
                          ``(iii) Other records and data maintained by 
                      other Federal, State, local, and foreign agencies, 
                      including financial and other records developed in 
                      specific cases.
                          ``(iv) Other privately and publicly available 
                      information.
                    ``(C) Analyze and disseminate the available data in 
                accordance with applicable legal requirements and 
                policies and guidelines established by the Secretary of 
                the Treasury and the Under Secretary of the Treasury for 
                Enforcement to--
                          ``(i) identify possible criminal activity to 
                      appropriate Federal, State, local, and foreign law 
                      enforcement agencies;
                          ``(ii) support ongoing criminal financial 
                      investigations and prosecutions and related 
                      proceedings, including civil and criminal tax and 
                      forfeiture proceedings;
                          ``(iii) identify possible instances of 
                      noncompliance with subchapter II of chapter 53 of 
                      this title, chapter 2 of title I of Public Law 91-
                      508, and section 21 of the Federal Deposit 
                      Insurance Act to Federal agencies with statutory 
                      responsibility for enforcing compliance with such 
                      provisions and other appropriate Federal 
                      regulatory agencies;
                          ``(iv) evaluate and recommend possible uses of 
                      special currency reporting requirements under 
                      section 5326;
                          ``(v) determine emerging trends and methods in 
                      money laundering and other financial crimes;
                          ``(vi) support the conduct of intelligence or 
                      counterintelligence activities, including 
                      analysis, to protect against international 
                      terrorism; and
                          ``(vii) support government initiatives against 
                      money laundering.

[[Page 115 STAT. 331]]

                    ``(D) Establish and maintain a financial crimes 
                communications center to furnish law enforcement 
                authorities with intelligence information related to 
                emerging or ongoing investigations and undercover 
                operations.
                    ``(E) Furnish research, analytical, and 
                informational services to financial institutions, 
                appropriate Federal regulatory agencies with regard to 
                financial institutions, and appropriate Federal, State, 
                local, and foreign law enforcement authorities, in 
                accordance with policies and guidelines established by 
                the Secretary of the Treasury or the Under Secretary of 
                the Treasury for Enforcement, in the interest of 
                detection, prevention, and prosecution of terrorism, 
                organized crime, money laundering, and other financial 
                crimes.
                    ``(F) Assist Federal, State, local, and foreign law 
                enforcement and regulatory authorities in combatting the 
                use of informal, nonbank networks and payment and barter 
                system mechanisms that permit the transfer of funds or 
                the equivalent of funds without records and without 
                compliance with criminal and tax laws.
                    ``(G) Provide computer and data support and data 
                analysis to the Secretary of the Treasury for tracking 
                and controlling foreign assets.
                    ``(H) Coordinate with financial intelligence units 
                in other countries on anti-terrorism and anti-money 
                laundering initiatives, and similar efforts.
                    ``(I) Administer the requirements of subchapter II 
                of chapter 53 of this title, chapter 2 of title I of 
                Public Law 91-508, and section 21 of the Federal Deposit 
                Insurance Act, to the extent delegated such authority by 
                the Secretary of the Treasury.
                    ``(J) Such other duties and powers as the Secretary 
                of the Treasury may delegate or prescribe.

    ``(c) Requirements Relating to Maintenance and Use of Data Banks.--
The Secretary of the Treasury shall establish and maintain operating 
procedures with respect to the government-wide data access service and 
the financial crimes communications center maintained by FinCEN which 
provide--
            ``(1) for the coordinated and efficient transmittal of 
        information to, entry of information into, and withdrawal of 
        information from, the data maintenance system maintained by the 
        Network, including--
                    ``(A) the submission of reports through the Internet 
                or other secure network, whenever possible;
                    ``(B) the cataloguing of information in a manner 
                that facilitates rapid retrieval by law enforcement 
                personnel of meaningful data; and
                    ``(C) a procedure that provides for a prompt initial 
                review of suspicious activity reports and other reports, 
                or such other means as the Secretary may provide, to 
                identify information that warrants immediate action; and
            ``(2) in accordance with section 552a of title 5 and the 
        Right to Financial Privacy Act of 1978, appropriate standards 
        and guidelines for determining--
                    ``(A) who is to be given access to the information 
                maintained by the Network;
                    ``(B) what limits are to be imposed on the use of 
                such information; and

[[Page 115 STAT. 332]]

                    ``(C) how information about activities or 
                relationships which involve or are closely associated 
                with the exercise of constitutional rights is to be 
                screened out of the data maintenance system.

    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated for FinCEN such sums as may be necessary for fiscal years 
2002, 2003, 2004, and 2005.''.
    (b) Compliance &lt;&lt;NOTE: 31 USC 5314 note.&gt;&gt; With Reporting 
Requirements.--The Secretary of the Treasury shall study methods for 
improving compliance with the reporting requirements established in 
section 5314 of title 31, United States Code, and shall submit a report 
on such study to the Congress by the end of the 6-month period beginning 
on the date of enactment of this Act and each 1-year period thereafter. 
The initial report shall include historical data on compliance with such 
reporting requirements.

    (c) Clerical Amendment.--The table of sections for subchapter I of 
chapter 3 of title 31, United States Code, is amended--
            (1) by redesignating the item relating to section 310 as 
        section 311; and
            (2) by inserting after the item relating to section 309 the 
        following new item:

``310. Financial Crimes Enforcement Network.''.

SEC. 362. &lt;&lt;NOTE: 31 USC 310 note.&gt;&gt; ESTABLISHMENT OF HIGHLY SECURE 
            NETWORK.

    (a) In General.--The Secretary shall establish a highly secure 
network in the Financial Crimes Enforcement Network that--
            (1) allows financial institutions to file reports required 
        under subchapter II or III of chapter 53 of title 31, United 
        States Code, chapter 2 of Public Law 91-508, or section 21 of 
        the Federal Deposit Insurance Act through the secure network; 
        and
            (2) provides financial institutions with alerts and other 
        information regarding suspicious activities that warrant 
        immediate and enhanced scrutiny.

    (b) Expedited Development.--The Secretary shall take such action as 
may be necessary to ensure that the secure network required under 
subsection (a) is fully operational before the end of the 9-month period 
beginning on the date of enactment of this Act.

SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY LAUNDERING.

    (a) Civil Penalties.--Section 5321(a) of title 31, United States 
Code, is amended by adding at the end the following:
            ``(7) Penalties for international counter money laundering 
        violations.--The Secretary may impose a civil money penalty in 
        an amount equal to not less than 2 times the amount of the 
        transaction, but not more than $1,000,000, on any financial 
        institution or agency that violates any provision of subsection 
        (i) or (j) of section 5318 or any special measures imposed under 
        section 5318A.''.

    (b) Criminal Penalties.--Section 5322 of title 31, United States 
Code, is amended by adding at the end the following:
    ``(d) A financial institution or agency that violates any provision 
of subsection (i) or (j) of section 5318, or any special measures 
imposed under section 5318A, or any regulation prescribed under 
subsection (i) or (j) of section 5318 or section 5318A, shall be

[[Page 115 STAT. 333]]

fined in an amount equal to not less than 2 times the amount of the 
transaction, but not more than $1,000,000.''.

SEC. 364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.

    Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended by 
adding at the end the following:
    ``(q) Uniform Protection Authority for Federal Reserve Facilities.--
            ``(1) Notwithstanding any other provision of law, to 
        authorize personnel to act as law enforcement officers to 
        protect and safeguard the premises, grounds, property, 
        personnel, including members of the Board, of the Board, or any 
        Federal reserve bank, and operations conducted by or on behalf 
        of the Board or a reserve bank.
            ``(2) The Board may, subject to the regulations prescribed 
        under paragraph (5), delegate authority to a Federal reserve 
        bank to authorize personnel to act as law enforcement officers 
        to protect and safeguard the bank's premises, grounds, property, 
        personnel, and operations conducted by or on behalf of the bank.
            ``(3) Law enforcement officers designated or authorized by 
        the Board or a reserve bank under paragraph (1) or (2) are 
        authorized while on duty to carry firearms and make arrests 
        without warrants for any offense against the United States 
        committed in their presence, or for any felony cognizable under 
        the laws of the United States committed or being committed 
        within the buildings and grounds of the Board or a reserve bank 
        if they have reasonable grounds to believe that the person to be 
        arrested has committed or is committing such a felony. Such 
        officers shall have access to law enforcement information that 
        may be necessary for the protection of the property or personnel 
        of the Board or a reserve bank.
            ``(4) For purposes of this subsection, the term `law 
        enforcement officers' means personnel who have successfully 
        completed law enforcement training and are authorized to carry 
        firearms and make arrests pursuant to this subsection.
            ``(5) The law enforcement authorities provided for in this 
        subsection may be exercised only pursuant to regulations 
        prescribed by the Board and approved by the Attorney General.''.

SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED IN 
            NONFINANCIAL TRADE OR BUSINESS.

    (a) Reports Required.--Subchapter II of chapter 53 of title 31, 
United States Code, is amended by adding at the end the following new 
section:

``Sec. 5331. Reports relating to coins and currency received in 
                        nonfinancial trade or business

    ``(a) Coin and Currency Receipts of More Than $10,000.--Any person--
            ``(1) who is engaged in a trade or business; and
            ``(2) who, in the course of such trade or business, receives 
        more than $10,000 in coins or currency in 1 transaction (or 2 or 
        more related transactions),

shall file a report described in subsection (b) with respect to such 
transaction (or related transactions) with the Financial Crimes

[[Page 115 STAT. 334]]

Enforcement Network at such time and in such manner as the Secretary 
may, by regulation, prescribe.
    ``(b) Form and Manner of Reports.--A report is described in this 
subsection if such report--
            ``(1) is in such form as the Secretary may prescribe;
            ``(2) contains--
                    ``(A) the name and address, and such other 
                identification information as the Secretary may require, 
                of the person from whom the coins or currency was 
                received;
                    ``(B) the amount of coins or currency received;
                    ``(C) the date and nature of the transaction; and
                    ``(D) such other information, including the 
                identification of the person filing the report, as the 
                Secretary may prescribe.

    ``(c) Exceptions.--
            ``(1) Amounts received by financial institutions.--
        Subsection (a) shall not apply to amounts received in a 
        transaction reported under section 5313 and regulations 
        prescribed under such section.
            ``(2) Transactions occurring outside the united states.--
        Except to the extent provided in regulations prescribed by the 
        Secretary, subsection (a) shall not apply to any transaction if 
        the entire transaction occurs outside the United States.

    ``(d) Currency Includes Foreign Currency and Certain Monetary 
Instruments.--
            ``(1) In general.--For purposes of this section, the term 
        `currency' includes--
                    ``(A) foreign currency; and
                    ``(B) to the extent provided in regulations 
                prescribed by the Secretary, any monetary instrument 
                (whether or not in bearer form) with a face amount of 
                not more than $10,000.
            ``(2) Scope of application.--Paragraph (1)(B) shall not 
        apply to any check drawn on the account of the writer in a 
        financial institution referred to in subparagraph (A), (B), (C), 
        (D), (E), (F), (G), (J), (K), (R), or (S) of section 
        5312(a)(2).''.

    (b) Prohibition on Structuring Transactions.--
            (1) In general.--Section 5324 of title 31, United States 
        Code, is amended--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d), respectively; and
                    (B) by inserting after subsection (a) the following 
                new subsection:

    ``(b) Domestic Coin and Currency Transactions Involving Nonfinancial 
Trades or Businesses.--No person shall, for the purpose of evading the 
report requirements of section 5333 or any regulation prescribed under 
such section--
            ``(1) cause or attempt to cause a nonfinancial trade or 
        business to fail to file a report required under section 5333 or 
        any regulation prescribed under such section;
            ``(2) cause or attempt to cause a nonfinancial trade or 
        business to file a report required under section 5333 or any 
        regulation prescribed under such section that contains a 
        material omission or misstatement of fact; or

[[Page 115 STAT. 335]]

            ``(3) structure or assist in structuring, or attempt to 
        structure or assist in structuring, any transaction with 1 or 
        more nonfinancial trades or businesses.''.
            (2) Technical and conforming amendments.--
                    (A) The heading for subsection (a) of section 5324 
                of title 31, United States Code, is amended by inserting 
                ``Involving Financial Institutions'' after 
                ``Transactions''.
                    (B) Section 5317(c) of title 31, United States Code, 
                is amended by striking ``5324(b)'' and inserting 
                ``5324(c)''.

    (c) Definition of Nonfinancial Trade or Business.--
            (1) In general.--Section 5312(a) of title 31, United States 
        Code, is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Nonfinancial trade or business.--The term 
        `nonfinancial trade or business' means any trade or business 
        other than a financial institution that is subject to the 
        reporting requirements of section 5313 and regulations 
        prescribed under such section.''.
            (2) Technical and conforming amendments.--
                    (A) Section 5312(a)(3)(C) of title 31, United States 
                Code, is amended by striking ``section 5316,'' and 
                inserting ``sections 5333 and 5316,''.
                    (B) Subsections (a) through (f) of section 5318 of 
                title 31, United States Code, and sections 5321, 5326, 
                and 5328 of such title are each amended--
                          (i) by inserting ``or nonfinancial trade or 
                      business'' after ``financial institution'' each 
                      place such term appears; and
                          (ii) by inserting ``or nonfinancial trades or 
                      businesses'' after ``financial institutions'' each 
                      place such term appears.

    (c) Clerical Amendment.--The table of sections for chapter 53 of 
title 31, United States Code, is amended by inserting after the item 
relating to section 5332 (as added by section 112 of this title) the 
following new item:

``5331. Reports relating to coins and currency received in nonfinancial 
           trade or business.''.

    (f) Regulations.--Regulations &lt;&lt;NOTE: Publication. 31 USC 5331 
note.&gt;&gt; which the Secretary determines are necessary to implement this 
section shall be published in final form before the end of the 6-month 
period beginning on the date of enactment of this Act.

SEC. 366. &lt;&lt;NOTE: 31 USC 5313 note.&gt;&gt; EFFICIENT USE OF CURRENCY 
            TRANSACTION REPORT SYSTEM.

    (a) Findings.--The Congress finds the following:
            (1) The Congress established the currency transaction 
        reporting requirements in 1970 because the Congress found then 
        that such reports have a high degree of usefulness in criminal, 
        tax, and regulatory investigations and proceedings and the 
        usefulness of such reports has only increased in the years since 
        the requirements were established.
            (2) In 1994, in response to reports and testimony that 
        excess amounts of currency transaction reports were interfering

[[Page 115 STAT. 336]]

        with effective law enforcement, the Congress reformed the 
        currency transaction report exemption requirements to provide--
                    (A) mandatory exemptions for certain reports that 
                had little usefulness for law enforcement, such as cash 
                transfers between depository institutions and cash 
                deposits from government agencies; and
                    (B) discretionary authority for the Secretary of the 
                Treasury to provide exemptions, subject to criteria and 
                guidelines established by the Secretary, for financial 
                institutions with regard to regular business customers 
                that maintain accounts at an institution into which 
                frequent cash deposits are made.
            (3) Today there is evidence that some financial institutions 
        are not utilizing the exemption system, or are filing reports 
        even if there is an exemption in effect, with the result that 
        the volume of currency transaction reports is once again 
        interfering with effective law enforcement.

    (b) Study and Report.--
            (1) Study required.--The Secretary shall conduct a study 
        of--
                    (A) the possible expansion of the statutory 
                exemption system in effect under section 5313 of title 
                31, United States Code; and
                    (B) methods for improving financial institution 
                utilization of the statutory exemption provisions as a 
                way of reducing the submission of currency transaction 
                reports that have little or no value for law enforcement 
                purposes, including improvements in the systems in 
                effect at financial institutions for regular review of 
                the exemption procedures used at the institution and the 
                training of personnel in its effective use.
            (2) Report required.--The Secretary of the Treasury shall 
        submit a report to the Congress before the end of the 1-year 
        period beginning on the date of enactment of this Act containing 
        the findings and conclusions of the Secretary with regard to the 
        study required under subsection (a), and such recommendations 
        for legislative or administrative action as the Secretary 
        determines to be appropriate.

               Subtitle C--Currency Crimes and Protection

SEC. 371. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.

    (a) Findings.--The &lt;&lt;NOTE: 31 USC 5332 note.&gt;&gt; Congress finds the 
following:
            (1) Effective enforcement of the currency reporting 
        requirements of subchapter II of chapter 53 of title 31, United 
        States Code, and the regulations prescribed under such 
        subchapter, has forced drug dealers and other criminals engaged 
        in cash-based businesses to avoid using traditional financial 
        institutions.
            (2) In their effort to avoid using traditional financial 
        institutions, drug dealers and other criminals are forced to 
        move large quantities of currency in bulk form to and through 
        the airports, border crossings, and other ports of entry where 
        the currency can be smuggled out of the United States and

[[Page 115 STAT. 337]]

        placed in a foreign financial institution or sold on the black 
        market.
            (3) The transportation and smuggling of cash in bulk form 
        may now be the most common form of money laundering, and the 
        movement of large sums of cash is one of the most reliable 
        warning signs of drug trafficking, terrorism, money laundering, 
        racketeering, tax evasion and similar crimes.
            (4) The intentional transportation into or out of the United 
        States of large amounts of currency or monetary instruments, in 
        a manner designed to circumvent the mandatory reporting 
        provisions of subchapter II of chapter 53 of title 31, United 
        States Code,, is the equivalent of, and creates the same harm 
        as, the smuggling of goods.
            (5) The arrest and prosecution of bulk cash smugglers are 
        important parts of law enforcement's effort to stop the 
        laundering of criminal proceeds, but the couriers who attempt to 
        smuggle the cash out of the United States are typically low-
        level employees of large criminal organizations, and thus are 
        easily replaced. Accordingly, only the confiscation of the 
        smuggled bulk cash can effectively break the cycle of criminal 
        activity of which the laundering of the bulk cash is a critical 
        part.
            (6) The current penalties for violations of the currency 
        reporting requirements are insufficient to provide a deterrent 
        to the laundering of criminal proceeds. In particular, in cases 
        where the only criminal violation under current law is a 
        reporting offense, the law does not adequately provide for the 
        confiscation of smuggled currency. In contrast, if the smuggling 
        of bulk cash were itself an offense, the cash could be 
        confiscated as the corpus delicti of the smuggling offense.

    (b) Purposes.--The &lt;&lt;NOTE: 31 USC 5332 note.&gt;&gt; purposes of this 
section are--
            (1) to make the act of smuggling bulk cash itself a criminal 
        offense;
            (2) to authorize forfeiture of any cash or instruments of 
        the smuggling offense; and
            (3) to emphasize the seriousness of the act of bulk cash 
        smuggling.

    (c) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of 
chapter 53 of title 31, United States Code, is amended by adding at the 
end the following:

``Sec. 5332. Bulk cash smuggling into or out of the United States

    ``(a) Criminal Offense.--
            ``(1) In general.--Whoever, with the intent to evade a 
        currency reporting requirement under section 5316, knowingly 
        conceals more than $10,000 in currency or other monetary 
        instruments on the person of such individual or in any 
        conveyance, article of luggage, merchandise, or other container, 
        and transports or transfers or attempts to transport or transfer 
        such currency or monetary instruments from a place within the 
        United States to a place outside of the United States, or from a 
        place outside the United States to a place within the United 
        States, shall be guilty of a currency smuggling offense and 
        subject to punishment pursuant to subsection (b).
            ``(2) Concealment on person.--For purposes of this section, 
        the concealment of currency on the person of any individual 
        includes concealment in any article of clothing worn

[[Page 115 STAT. 338]]

        by the individual or in any luggage, backpack, or other 
        container worn or carried by such individual.

    ``(b) Penalty.--
            ``(1) Term of imprisonment.--A person convicted of a 
        currency smuggling offense under subsection (a), or a conspiracy 
        to commit such offense, shall be imprisoned for not more than 5 
        years.
            ``(2) Forfeiture.--In addition, the court, in imposing 
        sentence under paragraph (1), shall order that the defendant 
        forfeit to the United States, any property, real or personal, 
        involved in the offense, and any property traceable to such 
        property, subject to subsection (d) of this section.
            ``(3) Procedure.--The seizure, restraint, and forfeiture of 
        property under this section shall be governed by section 413 of 
        the Controlled Substances Act.
            ``(4) Personal money judgment.--If the property subject to 
        forfeiture under paragraph (2) is unavailable, and the defendant 
        has insufficient substitute property that may be forfeited 
        pursuant to section 413(p) of the Controlled Substances Act, the 
        court shall enter a personal money judgment against the 
        defendant for the amount that would be subject to forfeiture.

    ``(c) Civil Forfeiture.--
            ``(1) In general.--Any property involved in a violation of 
        subsection (a), or a conspiracy to commit such violation, and 
        any property traceable to such violation or conspiracy, may be 
        seized and, subject to subsection (d) of this section, forfeited 
        to the United States.
            ``(2) Procedure.--The seizure and forfeiture shall be 
        governed by the procedures governing civil forfeitures in money 
        laundering cases pursuant to section 981(a)(1)(A) of title 18, 
        United States Code.
            ``(3) Treatment of certain property as involved in the 
        offense.--For purposes of this subsection and subsection (b), 
        any currency or other monetary instrument that is concealed or 
        intended to be concealed in violation of subsection (a) or a 
        conspiracy to commit such violation, any article, container, or 
        conveyance used, or intended to be used, to conceal or transport 
        the currency or other monetary instrument, and any other 
        property used, or intended to be used, to facilitate the 
        offense, shall be considered property involved in the 
        offense.''.

    (c) Clerical Amendment.--The table of sections for subchapter II of 
chapter 53 of title 31, United States Code, is amended by inserting 
after the item relating to section 5331, as added by this Act, the 
following new item:

``5332. Bulk cash smuggling into or out of the United States.''.

SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES.

    (a) In General.--Subsection (c) of section 5317 of title 31, United 
States Code, is amended to read as follows:
    ``(c) Forfeiture.--
            ``(1) Criminal forfeiture.--
                    ``(A) In general.--The court in imposing sentence 
                for any violation of section 5313, 5316, or 5324 of this 
                title, or any conspiracy to commit such violation, shall 
                order the defendant to forfeit all property, real or 
                personal, involved in the offense and any property 
                traceable thereto.

[[Page 115 STAT. 339]]

                    ``(B) Procedure.--Forfeitures under this paragraph 
                shall be governed by the procedures established in 
                section 413 of the Controlled Substances Act.
            ``(2) Civil forfeiture.--Any property involved in a 
        violation of section 5313, 5316, or 5324 of this title, or any 
        conspiracy to commit any such violation, and any property 
        traceable to any such violation or conspiracy, may be seized and 
        forfeited to the United States in accordance with the procedures 
        governing civil forfeitures in money laundering cases pursuant 
        to section 981(a)(1)(A) of title 18, United States Code.''.

    (b) Conforming Amendments.--
            (1) Section 981(a)(1)(A) of title 18, United States Code, is 
        amended--
                    (A) by striking ``of section 5313(a) or 5324(a) of 
                title 31, or''; and
                    (B) by striking ``However'' and all that follows 
                through the end of the subparagraph.
            (2) Section 982(a)(1) of title 18, United States Code, is 
        amended--
                    (A) by striking ``of section 5313(a), 5316, or 5324 
                of title 31, or''; and
                    (B) by striking ``However'' and all that follows 
                through the end of the paragraph.

SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Scienter Requirement for Section 1960 Violation.--Section 1960 
of title 18, United States Code, is amended to read as follows:

``Sec. 1960. Prohibition of unlicensed money transmitting businesses

    ``(a) Whoever knowingly conducts, controls, manages, supervises, 
directs, or owns all or part of an unlicensed money transmitting 
business, shall be fined in accordance with this title or imprisoned not 
more than 5 years, or both.
    ``(b) As used in this section--
            ``(1) the term `unlicensed money transmitting business' 
        means a money transmitting business which affects interstate or 
        foreign commerce in any manner or degree and--
                    ``(A) is operated without an appropriate money 
                transmitting license in a State where such operation is 
                punishable as a misdemeanor or a felony under State law, 
                whether or not the defendant knew that the operation was 
                required to be licensed or that the operation was so 
                punishable;
                    ``(B) fails to comply with the money transmitting 
                business registration requirements under section 5330 of 
                title 31, United States Code, or regulations prescribed 
                under such section; or
                    ``(C) otherwise involves the transportation or 
                transmission of funds that are known to the defendant to 
                have been derived from a criminal offense or are 
                intended to be used to be used to promote or support 
                unlawful activity;
            ``(2) the term `money transmitting' includes transferring 
        funds on behalf of the public by any and all means including but 
        not limited to transfers within this country or to locations 
        abroad by wire, check, draft, facsimile, or courier; and

[[Page 115 STAT. 340]]

            ``(3) the term `State' means any State of the United States, 
        the District of Columbia, the Northern Mariana Islands, and any 
        commonwealth, territory, or possession of the United States.''.

    (b) Seizure of Illegally Transmitted Funds.--Section 981(a)(1)(A) of 
title 18, United States Code, is amended by striking ``or 1957'' and 
inserting ``, 1957 or 1960''.
    (c) Clerical Amendment.--The table of sections for chapter 95 of 
title 18, United States Code, is amended in the item relating to section 
1960 by striking ``illegal'' and inserting ``unlicensed''.

SEC. 374. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.

    (a) Counterfeit Acts Committed Outside the United States.--Section 
470 of title 18, United States Code, is amended--
            (1) in paragraph (2), by inserting ``analog, digital, or 
        electronic image,'' after ``plate, stone,''; and
            (2) by striking ``shall be fined under this title, 
        imprisoned not more than 20 years, or both'' and inserting 
        ``shall be punished as is provided for the like offense within 
        the United States''.

    (b) Obligations or securities of the United States.--Section 471 of 
title 18, United States Code, is amended by striking ``fifteen years'' 
and inserting ``20 years''.
    (c) Uttering Counterfeit Obligations or Securities.--Section 472 of 
title 18, United States Code, is amended by striking ``fifteen years'' 
and inserting ``20 years''.
    (d) Dealing in Counterfeit Obligations or Securities.--Section 473 
of title 18, United States Code, is amended by striking ``ten years'' 
and inserting ``20 years''.
    (e) Plates, Stones, or Analog, Digital, or Electronic Images For 
Counterfeiting Obligations or Securities.--
            (1) In general.--Section 474(a) of title 18, United States 
        Code, is amended by inserting after the second paragraph the 
        following new paragraph:

    ``Whoever, with intent to defraud, makes, executes, acquires, scans, 
captures, records, receives, transmits, reproduces, sells, or has in 
such person's control, custody, or possession, an analog, digital, or 
electronic image of any obligation or other security of the United 
States; or''.
            (2) Amendment to definition.--Section 474(b) of title 18, 
        United States Code, is amended by striking the first sentence 
        and inserting the following new sentence: ``For purposes of this 
        section, the term `analog, digital, or electronic image' 
        includes any analog, digital, or electronic method used for the 
        making, execution, acquisition, scanning, capturing, recording, 
        retrieval, transmission, or reproduction of any obligation or 
        security, unless such use is authorized by the Secretary of the 
        Treasury.''.
            (3) Technical and conforming amendment.--The heading for 
        section 474 of title 18, United States Code, is amended by 
        striking ``or stones'' and inserting ``, stones, or analog, 
        digital, or electronic images''.
            (4) Clerical amendment.--The table of sections for chapter 
        25 of title 18, United States Code, is amended in the item 
        relating to section 474 by striking ``or stones'' and inserting 
        ``, stones, or analog, digital, or electronic images''.

[[Page 115 STAT. 341]]

    (f) Taking Impressions of Tools Used for Obligations or 
Securities.--Section 476 of title 18, United States Code, is amended--
            (1) by inserting ``analog, digital, or electronic image,'' 
        after ``impression, stamp,''; and
            (2) by striking ``ten years'' and inserting ``25 years''.

    (g) Possessing or Selling Impressions of Tools Used for Obligations 
or Securities.--Section 477 of title 18, United States Code, is 
amended--
            (1) in the first paragraph, by inserting ``analog, digital, 
        or electronic image,'' after ``imprint, stamp,'';
            (2) in the second paragraph, by inserting ``analog, digital, 
        or electronic image,'' after ``imprint, stamp,''; and
            (3) in the third paragraph, by striking ``ten years'' and 
        inserting ``25 years''.

    (h) Connecting Parts of Different Notes.--Section 484 of title 18, 
United States Code, is amended by striking ``five years'' and inserting 
``10 years''.
    (i) Bonds and Obligations of Certain Lending Agencies.--The first 
and second paragraphs of section 493 of title 18, United States Code, 
are each amended by striking ``five years'' and inserting ``10 years''.

SEC. 375. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.

    (a) Foreign Obligations or Securities.--Section 478 of title 18, 
United States Code, is amended by striking ``five years'' and inserting 
``20 years''.
    (b) Uttering Counterfeit Foreign Obligations or Securities.--Section 
479 of title 18, United States Code, is amended by striking ``three 
years'' and inserting ``20 years''.
    (c) Possessing Counterfeit Foreign Obligations or Securities.--
Section 480 of title 18, United States Code, is amended by striking 
``one year'' and inserting ``20 years''.
    (d) Plates, Stones, or Analog, Digital, or Electronic Images for 
Counterfeiting Foreign Obligations or Securities.--
            (1) In general.--Section 481 of title 18, United States 
        Code, is amended by inserting after the second paragraph the 
        following new paragraph:

    ``Whoever, with intent to defraud, makes, executes, acquires, scans, 
captures, records, receives, transmits, reproduces, sells, or has in 
such person's control, custody, or possession, an analog, digital, or 
electronic image of any bond, certificate, obligation, or other security 
of any foreign government, or of any treasury note, bill, or promise to 
pay, lawfully issued by such foreign government and intended to 
circulate as money; or''.
            (2) Increased sentence.--The last paragraph of section 481 
        of title 18, United States Code, is amended by striking ``five 
        years'' and inserting ``25 years''.
            (3) Technical and conforming amendment.--The heading for 
        section 481 of title 18, United States Code, is amended by 
        striking ``or stones'' and inserting ``, stones, or analog, 
        digital, or electronic images''.
            (4) Clerical amendment.--The table of sections for chapter 
        25 of title 18, United States Code, is amended in the item 
        relating to section 481 by striking ``or stones'' and inserting 
        ``, stones, or analog, digital, or electronic images''.

[[Page 115 STAT. 342]]

    (e) Foreign Bank Notes.--Section 482 of title 18, United States 
Code, is amended by striking ``two years'' and inserting ``20 years''.
    (f) Uttering Counterfeit Foreign Bank Notes.--Section 483 of title 
18, United States Code, is amended by striking ``one year'' and 
inserting ``20 years''.

SEC. 376. LAUNDERING THE PROCEEDS OF TERRORISM.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended by 
inserting ``or 2339B'' after ``2339A''.

SEC. 377. EXTRATERRITORIAL JURISDICTION.

    Section 1029 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Any person who, outside the jurisdiction of the United States, 
engages in any act that, if committed within the jurisdiction of the 
United States, would constitute an offense under subsection (a) or (b) 
of this section, shall be subject to the fines, penalties, imprisonment, 
and forfeiture provided in this title if--
            ``(1) the offense involves an access device issued, owned, 
        managed, or controlled by a financial institution, account 
        issuer, credit card system member, or other entity within the 
        jurisdiction of the United States; and
            ``(2) the person transports, delivers, conveys, transfers to 
        or through, or otherwise stores, secrets, or holds within the 
        jurisdiction of the United States, any article used to assist in 
        the commission of the offense or the proceeds of such offense or 
        property derived therefrom.''.

                     TITLE IV--PROTECTING THE BORDER

               Subtitle A--Protecting the Northern Border

SEC. 401. ENSURING ADEQUATE PERSONNEL ON THE NORTHERN BORDER.

    The Attorney General is authorized to waive any FTE cap on personnel 
assigned to the Immigration and Naturalization Service on the Northern 
border.

SEC. 402. NORTHERN BORDER PERSONNEL.

    There &lt;&lt;NOTE: Appropriation authorization.&gt;&gt; are authorized to be 
appropriated--
            (1) such sums as may be necessary to triple the number of 
        Border Patrol personnel (from the number authorized under 
        current law), and the necessary personnel and facilities to 
        support such personnel, in each State along the Northern Border;
            (2) such sums as may be necessary to triple the number of 
        Customs Service personnel (from the number authorized under 
        current law), and the necessary personnel and facilities to 
        support such personnel, at ports of entry in each State along 
        the Northern Border;
            (3) such sums as may be necessary to triple the number of 
        INS inspectors (from the number authorized on the date of the 
        enactment of this Act), and the necessary personnel

[[Page 115 STAT. 343]]

        and facilities to support such personnel, at ports of entry in 
        each State along the Northern Border; and
            (4) an additional $50,000,000 each to the Immigration and 
        Naturalization Service and the United States Customs Service for 
        purposes of making improvements in technology for monitoring the 
        Northern Border and acquiring additional equipment at the 
        Northern Border.

SEC. 403. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN 
            IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS OF 
            VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED 
            STATES.

    (a) Amendment of the Immigration and Nationality Act.--Section 105 
of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--
            (1) in the section heading, by inserting ``; data exchange'' 
        after ``security officers'';
            (2) by inserting ``(a)'' after ``Sec. 105.'';
            (3) in subsection (a), by inserting ``and border'' after 
        ``internal'' the second place it appears; and
            (4) by adding at the end the following:

    ``(b)(1) The Attorney General and the Director of the Federal Bureau 
of Investigation shall provide the Department of State and the Service 
access to the criminal history record information contained in the 
National Crime Information Center's Interstate Identification Index 
(NCIC-III), Wanted Persons File, and to any other files maintained by 
the National Crime Information Center that may be mutually agreed upon 
by the Attorney General and the agency receiving the access, for the 
purpose of determining whether or not a visa applicant or applicant for 
admission has a criminal history record indexed in any such file.
    ``(2) Such access shall be provided by means of extracts of the 
records for placement in the automated visa lookout or other appropriate 
database, and shall be provided without any fee or charge.
    ``(3) The Federal Bureau of Investigation shall provide periodic 
updates of the extracts at intervals mutually agreed upon with the 
agency receiving the access. Upon receipt of such updated extracts, the 
receiving agency shall make corresponding updates to its database and 
destroy previously provided extracts.
    ``(4) Access to an extract does not entitle the Department of State 
to obtain the full content of the corresponding automated criminal 
history record. To obtain the full content of a criminal history record, 
the Department of State shall submit the applicant's fingerprints and 
any appropriate fingerprint processing fee authorized by law to the 
Criminal Justice Information Services Division of the Federal Bureau of 
Investigation.
    ``(c) The provision of the extracts described in subsection (b) may 
be reconsidered by the Attorney General and the receiving agency upon 
the development and deployment of a more cost-effective and efficient 
means of sharing the information.
    ``(d) &lt;&lt;NOTE: Deadline. Regulations.&gt;&gt; For purposes of administering 
this section, the Department of State shall, prior to receiving access 
to NCIC data but not later than 4 months after the date of enactment of 
this subsection, promulgate final regulations--
            ``(1) to implement procedures for the taking of 
        fingerprints; and

[[Page 115 STAT. 344]]

            ``(2) to establish the conditions for the use of the 
        information received from the Federal Bureau of Investigation, 
        in order--
                    ``(A) to limit the redissemination of such 
                information;
                    ``(B) to ensure that such information is used solely 
                to determine whether or not to issue a visa to an alien 
                or to admit an alien to the United States;
                    ``(C) to ensure the security, confidentiality, and 
                destruction of such information; and
                    ``(D) to protect any privacy rights of individuals 
                who are subjects of such information.''.

    (b) Reporting &lt;&lt;NOTE: Deadline. 8 USC 1105 note.&gt;&gt; Requirement.--Not 
later than 2 years after the date of enactment of this Act, the Attorney 
General and the Secretary of State jointly shall report to Congress on 
the implementation of the amendments made by this section.

    (c) Technology &lt;&lt;NOTE: 8 USC 1379.&gt;&gt; Standard to Confirm Identity.--
            (1) In &lt;&lt;NOTE: Deadline.&gt;&gt; General.--The Attorney General 
        and the Secretary of State jointly, through the National 
        Institute of Standards and Technology (NIST), and in 
        consultation with the Secretary of the Treasury and other 
        Federal law enforcement and intelligence agencies the Attorney 
        General or Secretary of State deems appropriate and in 
        consultation with Congress, shall within 2 years after the date 
        of the enactment of this section, develop and certify a 
        technology standard that can be used to verify the identity of 
        persons applying for a United States visa or such persons 
        seeking to enter the United States pursuant to a visa for the 
        purposes of conducting background checks, confirming identity, 
        and ensuring that a person has not received a visa under a 
        different name or such person seeking to enter the United States 
        pursuant to a visa.
            (2) Integrated.--The technology standard developed pursuant 
        to paragraph (1), shall be the technological basis for a cross-
        agency, cross-platform electronic system that is a cost-
        effective, efficient, fully integrated means to share law 
        enforcement and intelligence information necessary to confirm 
        the identity of such persons applying for a United States visa 
        or such person seeking to enter the United States pursuant to a 
        visa.
            (3) Accessible.--The electronic system described in 
        paragraph (2), once implemented, shall be readily and easily 
        accessible to--
                    (A) all consular officers responsible for the 
                issuance of visas;
                    (B) all Federal inspection agents at all United 
                States border inspection points; and
                    (C) all law enforcement and intelligence officers as 
                determined by regulation to be responsible for 
                investigation or identification of aliens admitted to 
                the United States pursuant to a visa.
            (4) Report.--Not &lt;&lt;NOTE: Deadline.&gt;&gt; later than 18 months 
        after the date of the enactment of this Act, and every 2 years 
        thereafter, the Attorney General and the Secretary of State 
        shall jointly, in consultation with the Secretary of Treasury, 
        report to Congress describing the development, implementation, 
        efficacy, and privacy implications of the technology standard 
        and electronic database system described in this subsection.
            (5) Funding.--There is authorized to be appropriated to the 
        Secretary of State, the Attorney General, and the Director

[[Page 115 STAT. 345]]

        of the National Institute of Standards and Technology such sums 
        as may be necessary to carry out the provisions of this 
        subsection.

    (d) Statutory &lt;&lt;NOTE: 8 USC 1105 note.&gt;&gt; Construction.--Nothing in 
this section, or in any other law, shall be construed to limit the 
authority of the Attorney General or the Director of the Federal Bureau 
of Investigation to provide access to the criminal history record 
information contained in the National Crime Information Center's (NCIC) 
Interstate Identification Index (NCIC-III), or to any other information 
maintained by the NCIC, to any Federal agency or officer authorized to 
enforce or administer the immigration laws of the United States, for the 
purpose of such enforcement or administration, upon terms that are 
consistent with the National Crime Prevention and Privacy Compact Act of 
1998 (subtitle A of title II of Public Law 105-251; 42 U.S.C. 14611-16) 
and section 552a of title 5, United States Code.

SEC. 404. LIMITED AUTHORITY TO PAY OVERTIME.

    The matter under the headings ``Immigration And Naturalization 
Service: Salaries and Expenses, Enforcement And Border Affairs'' and 
``Immigration And Naturalization Service: Salaries and Expenses, 
Citizenship And Benefits, Immigration And Program Direction'' in the 
Department of Justice Appropriations Act, 2001 (as enacted into law by 
Appendix B (H.R. 5548) of Public Law 106-553 (114 Stat. 2762A-58 to 
2762A-59)) is amended by striking the following each place it occurs: 
``Provided, That none of the funds available to the Immigration and 
Naturalization Service shall be available to pay any employee overtime 
pay in an amount in excess of $30,000 during the calendar year beginning 
January 1, 2001:''.

SEC. 405. &lt;&lt;NOTE: 8 USC 1379 note.&gt;&gt; REPORT ON THE INTEGRATED AUTOMATED 
            FINGERPRINT IDENTIFICATION SYSTEM FOR PORTS OF ENTRY AND 
            OVERSEAS CONSULAR POSTS.

    (a) In General.--The Attorney General, in consultation with the 
appropriate heads of other Federal agencies, including the Secretary of 
State, Secretary of the Treasury, and the Secretary of Transportation, 
shall report to Congress on the feasibility of enhancing the Integrated 
Automated Fingerprint Identification System (IAFIS) of the Federal 
Bureau of Investigation and other identification systems in order to 
better identify a person who holds a foreign passport or a visa and may 
be wanted in connection with a criminal investigation in the United 
States or abroad, before the issuance of a visa to that person or the 
entry or exit from the United States by that person.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated not less than $2,000,000 to carry out this section.

               Subtitle B--Enhanced Immigration Provisions

SEC. 411. DEFINITIONS RELATING TO TERRORISM.

    (a) Grounds of Inadmissibility.--Section 212(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (i)--

[[Page 115 STAT. 346]]

                          (i) by amending subclause (IV) to read as 
                      follows:
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a foreign terrorist 
                                        organization, as designated by 
                                        the Secretary of State under 
                                        section 219, or
                                            ``(bb) a political, social 
                                        or other similar group whose 
                                        public endorsement of acts of 
                                        terrorist activity the Secretary 
                                        of State has determined 
                                        undermines United States efforts 
                                        to reduce or eliminate terrorist 
                                        activities,'';
                          (ii) in subclause (V), by inserting ``or'' 
                      after ``section 219,''; and
                          (iii) by adding at the end the following new 
                      subclauses:
                                    ``(VI) has used the alien's position 
                                of prominence within any country to 
                                endorse or espouse terrorist activity, 
                                or to persuade others to support 
                                terrorist activity or a terrorist 
                                organization, in a way that the 
                                Secretary of State has determined 
                                undermines United States efforts to 
                                reduce or eliminate terrorist 
                                activities, or
                                    ``(VII) is the spouse or child of an 
                                alien who is inadmissible under this 
                                section, if the activity causing the 
                                alien to be found inadmissible occurred 
                                within the last 5 years,'';
                    (B) by redesignating clauses (ii), (iii), and (iv) 
                as clauses (iii), (iv), and (v), respectively;
                    (C) in clause (i)(II), by striking ``clause (iii)'' 
                and inserting ``clause (iv)'';
                    (D) by inserting after clause (i) the following:
                          ``(ii) Exception.--Subclause (VII) of clause 
                      (i) does not apply to a spouse or child--
                                    ``(I) who did not know or should not 
                                reasonably have known of the activity 
                                causing the alien to be found 
                                inadmissible under this section; or
                                    ``(II) whom the consular officer or 
                                Attorney General has reasonable grounds 
                                to believe has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this section.'';
                    (E) in clause (iii) (as redesignated by subparagraph 
                (B))--
                          (i) by inserting ``it had been'' before 
                      ``committed in the United States''; and
                          (ii) in subclause (V)(b), by striking ``or 
                      firearm'' and inserting ``, firearm, or other 
                      weapon or dangerous device'';
                    (F) by amending clause (iv) (as redesignated by 
                subparagraph (B)) to read as follows:
                          ``(iv) Engage in terrorist activity defined.--
                      As used in this chapter, the term `engage in 
                      terrorist activity' means, in an individual 
                      capacity or as a member of an organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;

[[Page 115 STAT. 347]]

                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist activity;
                                            ``(bb) a terrorist 
                                        organization described in clause 
                                        (vi)(I) or (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in clause 
                                        (vi)(III), unless the solicitor 
                                        can demonstrate that he did not 
                                        know, and should not reasonably 
                                        have known, that the 
                                        solicitation would further the 
                                        organization's terrorist 
                                        activity;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        clause;
                                            ``(bb) for membership in a 
                                        terrorist organization described 
                                        in clause (vi)(I) or (vi)(II); 
                                        or
                                            ``(cc) for membership in a 
                                        terrorist organization described 
                                        in clause (vi)(III), unless the 
                                        solicitor can demonstrate that 
                                        he did not know, and should not 
                                        reasonably have known, that the 
                                        solicitation would further the 
                                        organization's terrorist 
                                        activity; or
                                    ``(VI) to commit an act that the 
                                actor knows, or reasonably should know, 
                                affords material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer of funds 
                                or other material financial benefit, 
                                false documentation or identification, 
                                weapons (including chemical, biological, 
                                or radiological weapons), explosives, or 
                                training--
                                            ``(aa) for the commission of 
                                        a terrorist activity;
                                            ``(bb) to any individual who 
                                        the actor knows, or reasonably 
                                        should know, has committed or 
                                        plans to commit a terrorist 
                                        activity;
                                            ``(cc) to a terrorist 
                                        organization described in clause 
                                        (vi)(I) or (vi)(II); or
                                            ``(dd) to a terrorist 
                                        organization described in clause 
                                        (vi)(III), unless the actor can 
                                        demonstrate that he did not 
                                        know, and should not reasonably 
                                        have known, that the act would 
                                        further the organization's 
                                        terrorist activity.
                                This clause shall not apply to any 
                                material support the alien afforded to 
                                an organization or individual that has 
                                committed terrorist activity, if the 
                                Secretary of State, after consultation 
                                with the Attorney General, or the 
                                Attorney General, after consultation 
                                with the Secretary of State, concludes 
                                in his sole unreviewable discretion, 
                                that this clause should not apply.''; 
                                and
                    (G) by adding at the end the following new clause:
                          ``(vi) Terrorist organization defined.--As 
                      used in clause (i)(VI) and clause (iv), the term 
                      `terrorist organization' means an organization--

[[Page 115 STAT. 348]]

                                    ``(I) designated under section 219;
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the Attorney 
                                General, as a terrorist organization, 
                                after finding that the organization 
                                engages in the activities described in 
                                subclause (I), (II), or (III) of clause 
                                (iv), or that the organization provides 
                                material support to further terrorist 
                                activity; or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, which engages in the activities 
                                described in subclause (I), (II), or 
                                (III) of clause (iv).''; and
            (2) by adding at the end the following new subparagraph:
                    ``(F) Association with terrorist organizations.--Any 
                alien who the Secretary of State, after consultation 
                with the Attorney General, or the Attorney General, 
                after consultation with the Secretary of State, 
                determines has been associated with a terrorist 
                organization and intends while in the United States to 
                engage solely, principally, or incidentally in 
                activities that could endanger the welfare, safety, or 
                security of the United States is inadmissible.''.

    (b) Conforming Amendments.--
            (1) Section 237(a)(4)(B) of the Immigration and Nationality 
        Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``section 
        212(a)(3)(B)(iii)'' and inserting ``section 212(a)(3)(B)(iv)''.
            (2) Section 208(b)(2)(A)(v) of the Immigration and 
        Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by 
        striking ``or (IV)'' and inserting ``(IV), or (VI)''.

    (c) Retroactive &lt;&lt;NOTE: 8 USC 1182 note.&gt;&gt; Application of 
Amendments.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect on the date of the enactment of this Act and shall apply 
        to--
                    (A) actions taken by an alien before, on, or after 
                such date; and
                    (B) all aliens, without regard to the date of entry 
                or attempted entry into the United States--
                          (i) in removal proceedings on or after such 
                      date (except for proceedings in which there has 
                      been a final administrative decision before such 
                      date); or
                          (ii) seeking admission to the United States on 
                      or after such date.
            (2) Special rule for aliens in exclusion or deportation 
        proceedings.--Notwithstanding any other provision of law, 
        sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and 
        Nationality Act, as amended by this Act, shall apply to all 
        aliens in exclusion or deportation proceedings on or after the 
        date of the enactment of this Act (except for proceedings in 
        which there has been a final administrative decision before such 
        date) as if such proceedings were removal proceedings.
            (3) Special rule for section 219 organizations and 
        organizations designated under section 212(a)(3)(B)(vi)(II).--
                    (A) In general.--Notwithstanding paragraphs (1) and 
                (2), no alien shall be considered inadmissible under 
                section 212(a)(3) of the Immigration and Nationality Act 
                (8 U.S.C.

[[Page 115 STAT. 349]]

                1182(a)(3)), or deportable under section 237(a)(4)(B) of 
                such Act (8 U.S.C. 1227(a)(4)(B)), by reason of the 
                amendments made by subsection (a), on the ground that 
                the alien engaged in a terrorist activity described in 
                subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 
                212(a)(3)(B)(iv) of such Act (as so amended) with 
                respect to a group at any time when the group was not a 
                terrorist organization designated by the Secretary of 
                State under section 219 of such Act (8 U.S.C. 1189) or 
                otherwise designated under section 212(a)(3)(B)(vi)(II) 
                of such Act (as so amended).
                    (B) Statutory construction.--Subparagraph (A) shall 
                not be construed to prevent an alien from being 
                considered inadmissible or deportable for having engaged 
                in a terrorist activity--
                          (i) described in subclause (IV)(bb), (V)(bb), 
                      or (VI)(cc) of section 212(a)(3)(B)(iv) of such 
                      Act (as so amended) with respect to a terrorist 
                      organization at any time when such organization 
                      was designated by the Secretary of State under 
                      section 219 of such Act or otherwise designated 
                      under section 212(a)(3)(B)(vi)(II) of such Act (as 
                      so amended); or
                          (ii) described in subclause (IV)(cc), (V)(cc), 
                      or (VI)(dd) of section 212(a)(3)(B)(iv) of such 
                      Act (as so amended) with respect to a terrorist 
                      organization described in section 
                      212(a)(3)(B)(vi)(III) of such Act (as so amended).
            (4) Exception.--The Secretary of State, in consultation with 
        the Attorney General, may determine that the amendments made by 
        this section shall not apply with respect to actions by an alien 
        taken outside the United States before the date of the enactment 
        of this Act upon the recommendation of a consular officer who 
        has concluded that there is not reasonable ground to believe 
        that the alien knew or reasonably should have known that the 
        actions would further a terrorist activity.

    (c) Designation of Foreign Terrorist Organizations.--Section 219(a) 
of the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended--
            (1) in paragraph (1)(B), by inserting ``or terrorism (as 
        defined in section 140(d)(2) of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
        2656f(d)(2)), or retains the capability and intent to engage in 
        terrorist activity or terrorism'' after ``212(a)(3)(B)'';
            (2) in paragraph (1)(C), by inserting ``or terrorism'' after 
        ``terrorist activity'';
            (3) by amending paragraph (2)(A) to read as follows:
                    ``(A) &lt;&lt;NOTE: Classified information.&gt;&gt; Notice.--
                          ``(i) To congressional leaders.--Seven days 
                      before making a designation under this subsection, 
                      the Secretary shall, by classified communication, 
                      notify the Speaker and Minority Leader of the 
                      House of Representatives, the President pro 
                      tempore, Majority Leader, and Minority Leader of 
                      the Senate, and the members of the relevant 
                      committees of the House of Representatives and the 
                      Senate, in writing, of the

[[Page 115 STAT. 350]]

                      intent to designate an organization under this 
                      subsection, together with the findings made under 
                      paragraph (1) with respect to that organization, 
                      and the factual basis therefor.
                          ``(ii) Publication in federal register.--The 
                      Secretary shall publish the designation in the 
                      Federal Register seven days after providing the 
                      notification under clause (i).'';
            (4) in paragraph (2)(B)(i), by striking ``subparagraph (A)'' 
        and inserting ``subparagraph (A)(ii)'';
            (5) in paragraph (2)(C), by striking ``paragraph (2)'' and 
        inserting ``paragraph (2)(A)(i)'';
            (6) in paragraph (3)(B), by striking ``subsection (c)'' and 
        inserting ``subsection (b)'';
            (7) in paragraph (4)(B), by inserting after the first 
        sentence the following: ``The Secretary also may redesignate 
        such organization at the end of any 2-year redesignation period 
        (but not sooner than 60 days prior to the termination of such 
        period) for an additional 2-year period upon a finding that the 
        relevant circumstances described in paragraph (1) still exist. 
        Any redesignation shall be effective immediately following the 
        end of the prior 2-year designation or redesignation period 
        unless a different effective date is provided in such 
        redesignation.'';
            (8) in paragraph (6)(A)--
                    (A) by inserting ``or a redesignation made under 
                paragraph (4)(B)'' after ``paragraph (1)'';
                    (B) in clause (i)--
                          (i) by inserting ``or redesignation'' after 
                      ``designation'' the first place it appears; and
                          (ii) by striking ``of the designation''; and
                    (C) in clause (ii), by striking ``of the 
                designation'';
            (9) in paragraph (6)(B)--
                    (A) by striking ``through (4)'' and inserting ``and 
                (3)''; and
                    (B) by inserting at the end the following new 
                sentence: ``Any revocation shall take effect on the date 
                specified in the revocation or upon publication in the 
                Federal Register if no effective date is specified.'';
            (10) in paragraph (7), by inserting ``, or the revocation of 
        a redesignation under paragraph (6),'' after ``paragraph (5) or 
        (6)''; and
            (11) in paragraph (8)--
                    (A) by striking ``paragraph (1)(B)'' and inserting 
                ``paragraph (2)(B), or if a redesignation under this 
                subsection has become effective under paragraph 
                (4)(B)'';
                    (B) by inserting ``or an alien in a removal 
                proceeding'' after ``criminal action''; and
                    (C) by inserting ``or redesignation'' before ``as a 
                defense''.

SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; 
            JUDICIAL REVIEW.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after section 236 the following:

[[Page 115 STAT. 351]]

 ``mandatory detention of suspected terrorists; habeas corpus; judicial 
                                 review

    ``Sec. 236A. &lt;&lt;NOTE: 8 USC 1226a.&gt;&gt; (a) Detention of Terrorist 
Aliens.--
            ``(1) Custody.--The Attorney General shall take into custody 
        any alien who is certified under paragraph (3).
            ``(2) Release.--Except as provided in paragraphs (5) and 
        (6), the Attorney General shall maintain custody of such an 
        alien until the alien is removed from the United States. Except 
        as provided in paragraph (6), such custody shall be maintained 
        irrespective of any relief from removal for which the alien may 
        be eligible, or any relief from removal granted the alien, until 
        the Attorney General determines that the alien is no longer an 
        alien who may be certified under paragraph (3). If the alien is 
        finally determined not to be removable, detention pursuant to 
        this subsection shall terminate.
            ``(3) Certification.--The Attorney General may certify an 
        alien under this paragraph if the Attorney General has 
        reasonable grounds to believe that the alien--
                    ``(A) is described in section 212(a)(3)(A)(i), 
                212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 
                237(a)(4)(A)(iii), or 237(a)(4)(B); or
                    ``(B) is engaged in any other activity that 
                endangers the national security of the United States.
            ``(4) Nondelegation.--The Attorney General may delegate the 
        authority provided under paragraph (3) only to the Deputy 
        Attorney General. The Deputy Attorney General may not delegate 
        such authority.
            ``(5) Commencement &lt;&lt;NOTE: Deadline.&gt;&gt; of proceedings.--The 
        Attorney General shall place an alien detained under paragraph 
        (1) in removal proceedings, or shall charge the alien with a 
        criminal offense, not later than 7 days after the commencement 
        of such detention. If the requirement of the preceding sentence 
        is not satisfied, the Attorney General shall release the alien.
            ``(6) Limitation on indefinite detention.--An alien detained 
        solely under paragraph (1) who has not been removed under 
        section 241(a)(1)(A), and whose removal is unlikely in the 
        reasonably foreseeable future, may be detained for additional 
        periods of up to six months only if the release of the alien 
        will threaten the national security of the United States or the 
        safety of the community or any person.
            ``(7) Review of certification.--The Attorney General shall 
        review the certification made under paragraph (3) every 6 
        months. If the Attorney General determines, in the Attorney 
        General's discretion, that the certification should be revoked, 
        the alien may be released on such conditions as the Attorney 
        General deems appropriate, unless such release is otherwise 
        prohibited by law. The alien may request each 6 months in 
        writing that the Attorney General reconsider the certification 
        and may submit documents or other evidence in support of that 
        request.

    ``(b) Habeas Corpus and Judicial Review.--
            ``(1) In general.--Judicial review of any action or decision 
        relating to this section (including judicial review of the 
        merits of a determination made under subsection (a)(3) or 
        (a)(6)) is available exclusively in habeas corpus proceedings 
        consistent

[[Page 115 STAT. 352]]

        with this subsection. Except as provided in the preceding 
        sentence, no court shall have jurisdiction to review, by habeas 
        corpus petition or otherwise, any such action or decision.
            ``(2) Application.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, including section 2241(a) of title 28, 
                United States Code, habeas corpus proceedings described 
                in paragraph (1) may be initiated only by an application 
                filed with--
                          ``(i) the Supreme Court;
                          ``(ii) any justice of the Supreme Court;
                          ``(iii) any circuit judge of the United States 
                      Court of Appeals for the District of Columbia 
                      Circuit; or
                          ``(iv) any district court otherwise having 
                      jurisdiction to entertain it.
                    ``(B) Application transfer.--Section 2241(b) of 
                title 28, United States Code, shall apply to an 
                application for a writ of habeas corpus described in 
                subparagraph (A).
            ``(3) Appeals.--Notwithstanding any other provision of law, 
        including section 2253 of title 28, in habeas corpus proceedings 
        described in paragraph (1) before a circuit or district judge, 
        the final order shall be subject to review, on appeal, by the 
        United States Court of Appeals for the District of Columbia 
        Circuit. There shall be no right of appeal in such proceedings 
        to any other circuit court of appeals.
            ``(4) Rule of decision.--The law applied by the Supreme 
        Court and the United States Court of Appeals for the District of 
        Columbia Circuit shall be regarded as the rule of decision in 
        habeas corpus proceedings described in paragraph (1).

    ``(c) Statutory Construction.--The provisions of this section shall 
not be applicable to any other provision of this Act.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 236 the following:

``Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; 
           judicial review.''.

    (c) Reports.--Not &lt;&lt;NOTE: Deadline. 8 USC 1226a note.&gt;&gt; later than 6 
months after the date of the enactment of this Act, and every 6 months 
thereafter, the Attorney General shall submit a report to the Committee 
on the Judiciary of the House of Representatives and the Committee on 
the Judiciary of the Senate, with respect to the reporting period, on--
            (1) the number of aliens certified under section 236A(a)(3) 
        of the Immigration and Nationality Act, as added by subsection 
        (a);
            (2) the grounds for such certifications;
            (3) the nationalities of the aliens so certified;
            (4) the length of the detention for each alien so certified; 
        and
            (5) the number of aliens so certified who--
                    (A) were granted any form of relief from removal;
                    (B) were removed;
                    (C) the Attorney General has determined are no 
                longer aliens who may be so certified; or
                    (D) were released from detention.

[[Page 115 STAT. 353]]

SEC. 413. MULTILATERAL COOPERATION AGAINST TERRORISTS.

    Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 
1202(f)) is amended--
            (1) by striking ``except that in the discretion of'' and 
        inserting the following: ``except that--
            ``(1) in the discretion of''; and
            (2) by adding at the end the following:
            ``(2) the Secretary of State, in the Secretary's discretion 
        and on the basis of reciprocity, may provide to a foreign 
        government information in the Department of State's computerized 
        visa lookout database and, when necessary and appropriate, other 
        records covered by this section related to information in the 
        database--
                    ``(A) with regard to individual aliens, at any time 
                on a case-by-case basis for the purpose of preventing, 
                investigating, or punishing acts that would constitute a 
                crime in the United States, including, but not limited 
                to, terrorism or trafficking in controlled substances, 
                persons, or illicit weapons; or
                    ``(B) with regard to any or all aliens in the 
                database, pursuant to such conditions as the Secretary 
                of State shall establish in an agreement with the 
                foreign government in which that government agrees to 
                use such information and records for the purposes 
                described in subparagraph (A) or to deny visas to 
                persons who would be inadmissible to the United 
                States.''.

SEC. 414. &lt;&lt;NOTE: 8 USC 1365a note.&gt;&gt; VISA INTEGRITY AND SECURITY.

    (a) Sense of Congress Regarding the Need To Expedite Implementation 
of Integrated Entry and Exit Data System.--
            (1) Sense of congress.--In light of the terrorist attacks 
        perpetrated against the United States on September 11, 2001, it 
        is the sense of the Congress that--
                    (A) the Attorney General, in consultation with the 
                Secretary of State, should fully implement the 
                integrated entry and exit data system for airports, 
                seaports, and land border ports of entry, as specified 
                in section 110 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), 
                with all deliberate speed and as expeditiously as 
                practicable; and
                    (B) the Attorney General, in consultation with the 
                Secretary of State, the Secretary of Commerce, the 
                Secretary of the Treasury, and the Office of Homeland 
                Security, should immediately begin establishing the 
                Integrated Entry and Exit Data System Task Force, as 
                described in section 3 of the Immigration and 
                Naturalization Service Data Management Improvement Act 
                of 2000 (Public Law 106-215).
            (2) Authorization of appropriations.--There is authorized to 
        be appropriated such sums as may be necessary to fully implement 
        the system described in paragraph (1)(A).

    (b) Development of the System.--In the development of the integrated 
entry and exit data system under section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), the 
Attorney General and the Secretary of State shall particularly focus 
on--
            (1) the utilization of biometric technology; and

[[Page 115 STAT. 354]]

            (2) the development of tamper-resistant documents readable 
        at ports of entry.

    (c) Interface With Law Enforcement Databases.--The entry and exit 
data system described in this section shall be able to interface with 
law enforcement databases for use by Federal law enforcement to identify 
and detain individuals who pose a threat to the national security of the 
United States.
    (d) Report &lt;&lt;NOTE: Deadline.&gt;&gt; on Screening Information.--Not later 
than 12 months after the date of enactment of this Act, the Office of 
Homeland Security shall submit a report to Congress on the information 
that is needed from any United States agency to effectively screen visa 
applicants and applicants for admission to the United States to identify 
those affiliated with terrorist organizations or those that pose any 
threat to the safety or security of the United States, including the 
type of information currently received by United States agencies and the 
regularity with which such information is transmitted to the Secretary 
of State and the Attorney General.

SEC. 415. PARTICIPATION OF OFFICE OF HOMELAND SECURITY ON ENTRY-EXIT 
            TASK FORCE.

    Section 3 of the Immigration and Naturalization Service Data 
Management Improvement Act of 2000 &lt;&lt;NOTE: 8 USC 1365a note.&gt;&gt; (Public 
Law 106-215) is amended by striking ``and the Secretary of the 
Treasury,'' and inserting ``the Secretary of the Treasury, and the 
Office of Homeland Security''.

SEC. 416. FOREIGN STUDENT MONITORING PROGRAM.

    (a) Full &lt;&lt;NOTE: 8 USC 1372 note.&gt;&gt; Implementation and Expansion of 
Foreign Student Visa Monitoring Program Required.--The Attorney General, 
in consultation with the Secretary of State, shall fully implement and 
expand the program established by section 641(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372(a)).

    (b) Integration &lt;&lt;NOTE: 8 USC 1372 note.&gt;&gt; With Port of Entry 
Information.--For each alien with respect to whom information is 
collected under section 641 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney 
General, in consultation with the Secretary of State, shall include 
information on the date of entry and port of entry.

    (c) Expansion of System To Include Other Approved Educational 
Institutions.--Section 641 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C.1372) is amended--
            (1) in subsection (a)(1), subsection (c)(4)(A), and 
        subsection (d)(1) (in the text above subparagraph (A)), by 
        inserting ``, other approved educational institutions,'' after 
        ``higher education'' each place it appears;
            (2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by 
        inserting ``, or other approved educational institution,'' after 
        ``higher education'' each place it appears;
            (3) in subsections (d)(2), (e)(1), and (e)(2), by inserting 
        ``, other approved educational institution,'' after ``higher 
        education'' each place it appears; and
            (4) in subsection (h), by adding at the end the following 
        new paragraph:
            ``(3) Other approved educational institution.--The term 
        `other approved educational institution' includes any air flight 
        school, language training school, or vocational school,

[[Page 115 STAT. 355]]

        approved by the Attorney General, in consultation with the 
        Secretary of Education and the Secretary of State, under 
        subparagraph (F), (J), or (M) of section 101(a)(15) of the 
        Immigration and Nationality Act.''.

    (d) Authorization &lt;&lt;NOTE: Effective date. Termination date.&gt;&gt; of 
Appropriations.--There is authorized to be appropriated to the 
Department of Justice $36,800,000 for the period beginning on the date 
of enactment of this Act and ending on January 1, 2003, to fully 
implement and expand prior to January 1, 2003, the program established 
by section 641(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1372(a)).

SEC. 417. MACHINE READABLE PASSPORTS.

    (a) Audits.--The &lt;&lt;NOTE: Termination date. 8 USC 1187 
note.&gt;&gt; Secretary of State shall, each fiscal year until September 30, 
2007--
            (1) perform annual audits of the implementation of section 
        217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1187(c)(2)(B));
            (2) check for the implementation of precautionary measures 
        to prevent the counterfeiting and theft of passports; and
            (3) ascertain that countries designated under the visa 
        waiver program have established a program to develop tamper-
        resistant passports.

    (b) Periodic &lt;&lt;NOTE: Effective date. Termination date. 8 USC 1187 
note.&gt;&gt; Reports.--Beginning one year after the date of enactment of this 
Act, and every year thereafter until 2007, the Secretary of State shall 
submit a report to Congress setting forth the findings of the most 
recent audit conducted under subsection (a)(1).

    (c) Advancing Deadline for Satisfaction of Requirement.--Section 
217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) 
is amended by striking ``2007'' and inserting ``2003''.
    (d) Waiver.--Section 217(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1187(a)(3)) is amended--
            (1) by striking ``On or after'' and inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), on or after''; and
            (2) by adding at the end the following:
                    ``(B) Limited &lt;&lt;NOTE: Effective date. Termination 
                date.&gt;&gt; waiver authority.--For the period beginning 
                October 1, 2003, and ending September 30, 2007, the 
                Secretary of State may waive the requirement of 
                subparagraph (A) with respect to nationals of a program 
                country (as designated under subsection (c)), if the 
                Secretary of State finds that the program country--
                          ``(i) is making progress toward ensuring that 
                      passports meeting the requirement of subparagraph 
                      (A) are generally available to its nationals; and
                          ``(ii) has taken appropriate measures to 
                      protect against misuse of passports the country 
                      has issued that do not meet the requirement of 
                      subparagraph (A).''.

SEC. 418. &lt;&lt;NOTE: 8 USC 1201 note.&gt;&gt; PREVENTION OF CONSULATE SHOPPING.

    (a) Review.--The Secretary of State shall review how consular 
officers issue visas to determine if consular shopping is a problem.

[[Page 115 STAT. 356]]

    (b) Actions to be Taken.--If the Secretary of State determines under 
subsection (a) that consular shopping is a problem, the Secretary shall 
take steps to address the problem and shall submit a report to Congress 
describing what action was taken.

    Subtitle C--Preservation of Immigration Benefits for Victims of 
                                Terrorism

SEC. 421. SPECIAL IMMIGRANT STATUS.

    (a) In General.--For purposes of the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.), the Attorney General may provide an alien 
described in subsection (b) with the status of a special immigrant under 
section 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if the alien--
            (1) files with the Attorney General a petition under section 
        204 of such Act (8 U.S.C. 1154) for classification under section 
        203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
            (2) is otherwise eligible to receive an immigrant visa and 
        is otherwise admissible to the United States for permanent 
        residence, except in determining such admissibility, the grounds 
        for inadmissibility specified in section 212(a)(4) of such Act 
        (8 U.S.C. 1182(a)(4)) shall not apply.

    (b) Aliens Described.--
            (1) Principal aliens.--An alien is described in this 
        subsection if--
                    (A) the alien was the beneficiary of--
                          (i) a petition that was filed with the 
                      Attorney General on or before September 11, 2001--
                                    (I) under section 204 of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1154) to classify the alien as a 
                                family-sponsored immigrant under section 
                                203(a) of such Act (8 U.S.C. 1153(a)) or 
                                as an employment-based immigrant under 
                                section 203(b) of such Act (8 U.S.C. 
                                1153(b)); or
                                    (II) under section 214(d) (8 U.S.C. 
                                1184(d)) of such Act to authorize the 
                                issuance of a nonimmigrant visa to the 
                                alien under section 101(a)(15)(K) of 
                                such Act (8 U.S.C. 1101(a)(15)(K)); or
                          (ii) an application for labor certification 
                      under section 212(a)(5)(A) of such Act (8 U.S.C. 
                      1182(a)(5)(A)) that was filed under regulations of 
                      the Secretary of Labor on or before such date; and
                    (B) such petition or application was revoked or 
                terminated (or otherwise rendered null), either before 
                or after its approval, due to a specified terrorist 
                activity that directly resulted in--
                          (i) the death or disability of the petitioner, 
                      applicant, or alien beneficiary; or
                          (ii) loss of employment due to physical damage 
                      to, or destruction of, the business of the 
                      petitioner or applicant.
            (2) Spouses and children.--
                    (A) In general.--An alien is described in this 
                subsection if--

[[Page 115 STAT. 357]]

                          (i) the alien was, on September 10, 2001, the 
                      spouse or child of a principal alien described in 
                      paragraph (1); and
                          (ii) the alien--
                                    (I) is accompanying such principal 
                                alien; or
                                    (II) is following to join such 
                                principal alien not later than September 
                                11, 2003.
                    (B) Construction.--For purposes of construing the 
                terms ``accompanying'' and ``following to join'' in 
                subparagraph (A)(ii), any death of a principal alien 
                that is described in paragraph (1)(B)(i) shall be 
                disregarded.
            (3) Grandparents of orphans.--An alien is described in this 
        subsection if the alien is a grandparent of a child, both of 
        whose parents died as a direct result of a specified terrorist 
        activity, if either of such deceased parents was, on September 
        10, 2001, a citizen or national of the United States or an alien 
        lawfully admitted for permanent residence in the United States.

    (c) Priority Date.--Immigrant visas made available under this 
section shall be issued to aliens in the order in which a petition on 
behalf of each such alien is filed with the Attorney General under 
subsection (a)(1), except that if an alien was assigned a priority date 
with respect to a petition described in subsection (b)(1)(A)(i), the 
alien may maintain that priority date.
    (d) Numerical Limitations.--For purposes of the application of 
sections 201 through 203 of the Immigration and Nationality Act (8 
U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided 
status under this section shall be treated as special immigrants 
described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who 
are not described in subparagraph (A), (B), (C), or (K) of such section.

SEC. 422. EXTENSION OF FILING OR REENTRY DEADLINES.

    (a) Automatic Extension of Nonimmigrant Status.--
            (1) In general.--Notwithstanding section 214 of the 
        Immigration and Nationality Act (8 U.S.C. 1184), in the case of 
        an alien described in paragraph (2) who was lawfully present in 
        the United States as a nonimmigrant on September 10, 2001, the 
        alien may remain lawfully in the United States in the same 
        nonimmigrant status until the later of--
                    (A) the date such lawful nonimmigrant status 
                otherwise would have terminated if this subsection had 
                not been enacted; or
                    (B) 1 year after the death or onset of disability 
                described in paragraph (2).
            (2) Aliens described.--
                    (A) Principal aliens.--An alien is described in this 
                paragraph if the alien was disabled as a direct result 
                of a specified terrorist activity.
                    (B) Spouses and children.--An alien is described in 
                this paragraph if the alien was, on September 10, 2001, 
                the spouse or child of--
                          (i) a principal alien described in 
                      subparagraph (A); or
                          (ii) an alien who died as a direct result of a 
                      specified terrorist activity.

[[Page 115 STAT. 358]]

            (3) Authorized employment.--During the period in which a 
        principal alien or alien spouse is in lawful nonimmigrant status 
        under paragraph (1), the alien shall be provided an ``employment 
        authorized'' endorsement or other appropriate document 
        signifying authorization of employment not later than 30 days 
        after the alien requests such authorization.

    (b) New Deadlines for Extension or Change of Nonimmigrant Status.--
            (1) Filing delays.--In the case of an alien who was lawfully 
        present in the United States as a nonimmigrant on September 10, 
        2001, if the alien was prevented from filing a timely 
        application for an extension or change of nonimmigrant status as 
        a direct result of a specified terrorist activity, the alien's 
        application shall be considered timely filed if it is filed not 
        later than 60 days after it otherwise would have been due.
            (2) Departure delays.--In the case of an alien who was 
        lawfully present in the United States as a nonimmigrant on 
        September 10, 2001, if the alien is unable timely to depart the 
        United States as a direct result of a specified terrorist 
        activity, the alien shall not be considered to have been 
        unlawfully present in the United States during the period 
        beginning on September 11, 2001, and ending on the date of the 
        alien's departure, if such departure occurs on or before 
        November 11, 2001.
            (3) Special rule for aliens unable to return from abroad.--
                    (A) Principal aliens.--In the case of an alien who 
                was in a lawful nonimmigrant status on September 10, 
                2001, but who was not present in the United States on 
                such date, if the alien was prevented from returning to 
                the United States in order to file a timely application 
                for an extension of nonimmigrant status as a direct 
                result of a specified terrorist activity--
                          (i) the alien's application shall be 
                      considered timely filed if it is filed not later 
                      than 60 days after it otherwise would have been 
                      due; and
                          (ii) the alien's lawful nonimmigrant status 
                      shall be considered to continue until the later 
                      of--
                                    (I) the date such status otherwise 
                                would have terminated if this 
                                subparagraph had not been enacted; or
                                    (II) the date that is 60 days after 
                                the date on which the application 
                                described in clause (i) otherwise would 
                                have been due.
                    (B) Spouses and children.--In the case of an alien 
                who is the spouse or child of a principal alien 
                described in subparagraph (A), if the spouse or child 
                was in a lawful nonimmigrant status on September 10, 
                2001, the spouse or child may remain lawfully in the 
                United States in the same nonimmigrant status until the 
                later of--
                          (i) the date such lawful nonimmigrant status 
                      otherwise would have terminated if this 
                      subparagraph had not been enacted; or
                          (ii) the date that is 60 days after the date 
                      on which the application described in subparagraph 
                      (A) otherwise would have been due.
            (4) Circumstances preventing timely action.--

[[Page 115 STAT. 359]]

                    (A) Filing delays.--For purposes of paragraph (1), 
                circumstances preventing an alien from timely acting 
                are--
                          (i) office closures;
                          (ii) mail or courier service cessations or 
                      delays; and
                          (iii) other closures, cessations, or delays 
                      affecting case processing or travel necessary to 
                      satisfy legal requirements.
                    (B) Departure and return delays.--For purposes of 
                paragraphs (2) and (3), circumstances preventing an 
                alien from timely acting are--
                          (i) office closures;
                          (ii) airline flight cessations or delays; and
                          (iii) other closures, cessations, or delays 
                      affecting case processing or travel necessary to 
                      satisfy legal requirements.

    (c) Diversity Immigrants.--
            (1) Waiver of fiscal year limitation.--Notwithstanding 
        section 203(e)(2) of the Immigration and Nationality Act (8 
        U.S.C. 1153(e)(2)), an immigrant visa number issued to an alien 
        under section 203(c) of such Act for fiscal year 2001 may be 
        used by the alien during the period beginning on October 1, 
        2001, and ending on April 1, 2002, if the alien establishes that 
        the alien was prevented from using it during fiscal year 2001 as 
        a direct result of a specified terrorist activity.
            (2) Worldwide level.--In the case of an alien entering the 
        United States as a lawful permanent resident, or adjusting to 
        that status, under paragraph (1) or (3), the alien shall be 
        counted as a diversity immigrant for fiscal year 2001 for 
        purposes of section 201(e) of the Immigration and Nationality 
        Act (8 U.S.C. 1151(e)), unless the worldwide level under such 
        section for such year has been exceeded, in which case the alien 
        shall be counted as a diversity immigrant for fiscal year 2002.
            (3) Treatment of family members of certain aliens.--In the 
        case of a principal alien issued an immigrant visa number under 
        section 203(c) of the Immigration and Nationality Act (8 U.S.C. 
        1153(c)) for fiscal year 2001, if such principal alien died as a 
        direct result of a specified terrorist activity, the aliens who 
        were, on September 10, 2001, the spouse and children of such 
        principal alien shall, until June 30, 2002, if not otherwise 
        entitled to an immigrant status and the immediate issuance of a 
        visa under subsection (a), (b), or (c) of section 203 of such 
        Act, be entitled to the same status, and the same order of 
        consideration, that would have been provided to such alien 
        spouse or child under section 203(d) of such Act as if the 
        principal alien were not deceased and as if the spouse or 
        child's visa application had been adjudicated by September 30, 
        2001.
            (4) Circumstances preventing timely action.--For purposes of 
        paragraph (1), circumstances preventing an alien from using an 
        immigrant visa number during fiscal year 2001 are--
                    (A) office closures;
                    (B) mail or courier service cessations or delays;
                    (C) airline flight cessations or delays; and
                    (D) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.

[[Page 115 STAT. 360]]

    (d) Extension of Expiration of Immigrant Visas.--
            (1) In general.--Notwithstanding the limitations under 
        section 221(c) of the Immigration and Nationality Act (8 U.S.C. 
        1201(c)), in the case of any immigrant visa issued to an alien 
        that expires or expired before December 31, 2001, if the alien 
        was unable to effect entry into the United States as a direct 
        result of a specified terrorist activity, then the period of 
        validity of the visa is extended until December 31, 2001, unless 
        a longer period of validity is otherwise provided under this 
        subtitle.
            (2) Circumstances preventing entry.--For purposes of this 
        subsection, circumstances preventing an alien from effecting 
        entry into the United States are--
                    (A) office closures;
                    (B) airline flight cessations or delays; and
                    (C) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.

    (e) Grants of Parole Extended.--
            (1) In general.--In the case of any parole granted by the 
        Attorney General under section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)) that expires on a date on 
        or after September 11, 2001, if the alien beneficiary of the 
        parole was unable to return to the United States prior to the 
        expiration date as a direct result of a specified terrorist 
        activity, the parole is deemed extended for an additional 90 
        days.
            (2) Circumstances preventing return.--For purposes of this 
        subsection, circumstances preventing an alien from timely 
        returning to the United States are--
                    (A) office closures;
                    (B) airline flight cessations or delays; and
                    (C) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.

    (f) Voluntary Departure.--Notwithstanding section 240B of the 
Immigration and Nationality Act (8 U.S.C. 1229c), if a period for 
voluntary departure under such section expired during the period 
beginning on September 11, 2001, and ending on October 11, 2001, such 
voluntary departure period is deemed extended for an additional 30 days.

SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND 
            CHILDREN.

    (a) Treatment as Immediate Relatives.--
            (1) Spouses.--Notwithstanding the second sentence of section 
        201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 
        1151(b)(2)(A)(i)), in the case of an alien who was the spouse of 
        a citizen of the United States at the time of the citizen's 
        death and was not legally separated from the citizen at the time 
        of the citizen's death, if the citizen died as a direct result 
        of a specified terrorist activity, the alien (and each child of 
        the alien) shall be considered, for purposes of section 201(b) 
        of such Act, to remain an immediate relative after the date of 
        the citizen's death, but only if the alien files a petition 
        under section 204(a)(1)(A)(ii) of such Act within 2 years after 
        such date and only until the date the alien remarries. For 
        purposes of such section 204(a)(1)(A)(ii), an alien granted 
        relief under the preceding sentence shall be considered

[[Page 115 STAT. 361]]

        an alien spouse described in the second sentence of section 
        201(b)(2)(A)(i) of such Act.
            (2) Children.--
                    (A) In general.--In the case of an alien who was the 
                child of a citizen of the United States at the time of 
                the citizen's death, if the citizen died as a direct 
                result of a specified terrorist activity, the alien 
                shall be considered, for purposes of section 201(b) of 
                the Immigration and Nationality Act (8 U.S.C. 1151(b)), 
                to remain an immediate relative after the date of the 
                citizen's death (regardless of changes in age or marital 
                status thereafter), but only if the alien files a 
                petition under subparagraph (B) within 2 years after 
                such date.
                    (B) Petitions.--An alien described in subparagraph 
                (A) may file a petition with the Attorney General for 
                classification of the alien under section 
                201(b)(2)(A)(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
                such a petition shall be considered a petition filed 
                under section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).

    (b) Spouses, Children, Unmarried Sons and Daughters of Lawful 
Permanent Resident Aliens.--
            (1) In general.--Any spouse, child, or unmarried son or 
        daughter of an alien described in paragraph (3) who is included 
        in a petition for classification as a family-sponsored immigrant 
        under section 203(a)(2) of the Immigration and Nationality Act 
        (8 U.S.C. 1153(a)(2)) that was filed by such alien before 
        September 11, 2001, shall be considered (if the spouse, child, 
        son, or daughter has not been admitted or approved for lawful 
        permanent residence by such date) a valid petitioner for 
        preference status under such section with the same priority date 
        as that assigned prior to the death described in paragraph 
        (3)(A). No new petition shall be required to be filed. Such 
        spouse, child, son, or daughter may be eligible for deferred 
        action and work authorization.
            (2) Self-petitions.--Any spouse, child, or unmarried son or 
        daughter of an alien described in paragraph (3) who is not a 
        beneficiary of a petition for classification as a family-
        sponsored immigrant under section 203(a)(2) of the Immigration 
        and Nationality Act may file a petition for such classification 
        with the Attorney General, if the spouse, child, son, or 
        daughter was present in the United States on September 11, 2001. 
        Such spouse, child, son, or daughter may be eligible for 
        deferred action and work authorization.
            (3) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    (A) died as a direct result of a specified terrorist 
                activity; and
                    (B) on the day of such death, was lawfully admitted 
                for permanent residence in the United States.

    (c) Applications for Adjustment of Status by Surviving Spouses and 
Children of Employment-Based Immigrants.--
            (1) In general.--Any alien who was, on September 10, 2001, 
        the spouse or child of an alien described in paragraph (2), and 
        who applied for adjustment of status prior to the death 
        described in paragraph (2)(A), may have such application 
        adjudicated as if such death had not occurred.

[[Page 115 STAT. 362]]

            (2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    (A) died as a direct result of a specified terrorist 
                activity; and
                    (B) on the day before such death, was--
                          (i) an alien lawfully admitted for permanent 
                      residence in the United States by reason of having 
                      been allotted a visa under section 203(b) of the 
                      Immigration and Nationality Act (8 U.S.C. 
                      1153(b)); or
                          (ii) an applicant for adjustment of status to 
                      that of an alien described in clause (i), and 
                      admissible to the United States for permanent 
                      residence.

    (d) Waiver of Public Charge Grounds.--In determining the 
admissibility of any alien accorded an immigration benefit under this 
section, the grounds for inadmissibility specified in section 212(a)(4) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not 
apply.

SEC. 424. ``AGE-OUT'' PROTECTION FOR CHILDREN.

    For purposes of the administration of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), in the case of an alien--
            (1) whose 21st birthday occurs in September 2001, and who is 
        the beneficiary of a petition or application filed under such 
        Act on or before September 11, 2001, the alien shall be 
        considered to be a child for 90 days after the alien's 21st 
        birthday for purposes of adjudicating such petition or 
        application; and
            (2) whose 21st birthday occurs after September 2001, and who 
        is the beneficiary of a petition or application filed under such 
        Act on or before September 11, 2001, the alien shall be 
        considered to be a child for 45 days after the alien's 21st 
        birthday for purposes of adjudicating such petition or 
        application.

SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF.

    The Attorney General, for humanitarian purposes or to ensure family 
unity, may provide temporary administrative relief to any alien who--
            (1) was lawfully present in the United States on September 
        10, 2001;
            (2) was on such date the spouse, parent, or child of an 
        individual who died or was disabled as a direct result of a 
        specified terrorist activity; and
            (3) is not otherwise entitled to relief under any other 
        provision of this subtitle.

SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.

    (a) In General.--The Attorney General shall establish appropriate 
standards for evidence demonstrating, for purposes of this subtitle, 
that any of the following occurred as a direct result of a specified 
terrorist activity:
            (1) Death.
            (2) Disability.
            (3) Loss of employment due to physical damage to, or 
        destruction of, a business.

    (b) Waiver of Regulations.--The Attorney General shall carry out 
subsection (a) as expeditiously as possible. The Attorney General

[[Page 115 STAT. 363]]

is not required to promulgate regulations prior to implementing this 
subtitle.

SEC. 427. NO BENEFITS TO TERRORISTS OR FAMILY MEMBERS OF TERRORISTS.

    Notwithstanding any other provision of this subtitle, nothing in 
this subtitle shall be construed to provide any benefit or relief to--
            (1) any individual culpable for a specified terrorist 
        activity; or
            (2) any family member of any individual described in 
        paragraph (1).

SEC. 428. DEFINITIONS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this subtitle, the 
definitions used in the Immigration and Nationality Act (excluding the 
definitions applicable exclusively to title III of such Act) shall apply 
in the administration of this subtitle.
    (b) Specified Terrorist Activity.--For purposes of this subtitle, 
the term ``specified terrorist activity'' means any terrorist activity 
conducted against the Government or the people of the United States on 
September 11, 2001.

         TITLE V--REMOVING OBSTACLES TO INVESTIGATING TERRORISM

SEC. 501. &lt;&lt;NOTE: 18 USC 3071 note.&gt;&gt; ATTORNEY GENERAL'S AUTHORITY TO 
            PAY REWARDS TO COMBAT TERRORISM.

    (a) Payment of Rewards To Combat Terrorism.--Funds available to the 
Attorney General may be used for the payment of rewards pursuant to 
public advertisements for assistance to the Department of Justice to 
combat terrorism and defend the Nation against terrorist acts, in 
accordance with procedures and regulations established or issued by the 
Attorney General.
    (b) Conditions.--In making rewards under this section--
            (1) no such reward of $250,000 or more may be made or 
        offered without the personal approval of either the Attorney 
        General or the President;
            (2) &lt;&lt;NOTE: Notice. Deadline.&gt;&gt; the Attorney General shall 
        give written notice to the Chairmen and ranking minority members 
        of the Committees on Appropriations and the Judiciary of the 
        Senate and of the House of Representatives not later than 30 
        days after the approval of a reward under paragraph (1);
            (3) any executive agency or military department (as defined, 
        respectively, in sections 105 and 102 of title 5, United States 
        Code) may provide the Attorney General with funds for the 
        payment of rewards;
            (4) neither the failure of the Attorney General to authorize 
        a payment nor the amount authorized shall be subject to judicial 
        review; and
            (5) no such reward shall be subject to any per- or aggregate 
        reward spending limitation established by law, unless that law 
        expressly refers to this section, and no reward paid pursuant to 
        any such offer shall count toward any such aggregate reward 
        spending limitation.

[[Page 115 STAT. 364]]

SEC. 502. SECRETARY OF STATE'S AUTHORITY TO PAY REWARDS.

    Section 36 of the State Department Basic Authorities Act of 1956 
(Public Law 885, August 1, 1956; 22 U.S.C. 2708) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking ``or'' at the end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``, including by dismantling an 
                organization in whole or significant part; or''; and
                    (C) by adding at the end the following:
            ``(6) the identification or location of an individual who 
        holds a key leadership position in a terrorist organization.'';
            (2) in subsection (d), by striking paragraphs (2) and (3) 
        and redesignating paragraph (4) as paragraph (2); and
            (3) in subsection (e)(1), by inserting ``, except as 
        personally authorized by the Secretary of State if he determines 
        that offer or payment of an award of a larger amount is 
        necessary to combat terrorism or defend the Nation against 
        terrorist acts.'' after ``$5,000,000''.

SEC. 503. DNA IDENTIFICATION OF TERRORISTS AND OTHER VIOLENT OFFENDERS.

    Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135a(d)(2)) is amended to read as follows:
            ``(2) In addition to the offenses described in paragraph 
        (1), the following offenses shall be treated for purposes of 
        this section as qualifying Federal offenses, as determined by 
        the Attorney General:
                    ``(A) Any offense listed in section 2332b(g)(5)(B) 
                of title 18, United States Code.
                    ``(B) Any crime of violence (as defined in section 
                16 of title 18, United States Code).
                    ``(C) Any attempt or conspiracy to commit any of the 
                above offenses.''.

SEC. 504. COORDINATION WITH LAW ENFORCEMENT.

    (a) Information Acquired From an Electronic Surveillance.--Section 
106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1806), is amended by adding at the end the following:
    ``(k)(1) Federal officers who conduct electronic surveillance to 
acquire foreign intelligence information under this title may consult 
with Federal law enforcement officers to coordinate efforts to 
investigate or protect against--
            ``(A) actual or potential attack or other grave hostile acts 
        of a foreign power or an agent of a foreign power;
            ``(B) sabotage or international terrorism by a foreign power 
        or an agent of a foreign power; or
            ``(C) clandestine intelligence activities by an intelligence 
        service or network of a foreign power or by an agent of a 
        foreign power.

    ``(2) Coordination authorized under paragraph (1) shall not preclude 
the certification required by section 104(a)(7)(B) or the entry of an 
order under section 105.''.
    (b) Information Acquired From a Physical Search.--Section 305 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is 
amended by adding at the end the following:

[[Page 115 STAT. 365]]

    ``(k)(1) Federal officers who conduct physical searches to acquire 
foreign intelligence information under this title may consult with 
Federal law enforcement officers to coordinate efforts to investigate or 
protect against--
            ``(A) actual or potential attack or other grave hostile acts 
        of a foreign power or an agent of a foreign power;
            ``(B) sabotage or international terrorism by a foreign power 
        or an agent of a foreign power; or
            ``(C) clandestine intelligence activities by an intelligence 
        service or network of a foreign power or by an agent of a 
        foreign power.

    ``(2) Coordination authorized under paragraph (1) shall not preclude 
the certification required by section 303(a)(7) or the entry of an order 
under section 304.''.

SEC. 505. MISCELLANEOUS NATIONAL SECURITY AUTHORITIES.

    (a) Telephone Toll and Transactional Records.--Section 2709(b) of 
title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting ``at 
        Bureau headquarters or a Special Agent in Charge in a Bureau 
        field office designated by the Director'' after ``Assistant 
        Director'';
            (2) in paragraph (1)--
                    (A) by striking ``in a position not lower than 
                Deputy Assistant Director''; and
                    (B) by striking ``made that'' and all that follows 
                and inserting the following: ``made that the name, 
                address, length of service, and toll billing records 
                sought are relevant to an authorized investigation to 
                protect against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely on the basis of activities protected by the first 
                amendment to the Constitution of the United States; 
                and''; and
            (3) in paragraph (2)--
                    (A) by striking ``in a position not lower than 
                Deputy Assistant Director''; and
                    (B) by striking ``made that'' and all that follows 
                and inserting the following: ``made that the information 
                sought is relevant to an authorized investigation to 
                protect against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely upon the basis of activities protected by the 
                first amendment to the Constitution of the United 
                States.''.

    (b) Financial Records.--Section 1114(a)(5)(A) of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--
            (1) by inserting ``in a position not lower than Deputy 
        Assistant Director at Bureau headquarters or a Special Agent in 
        Charge in a Bureau field office designated by the Director'' 
        after ``designee''; and
            (2) by striking ``sought'' and all that follows and 
        inserting ``sought for foreign counter intelligence purposes to 
        protect against international terrorism or clandestine 
        intelligence activities, provided that such an investigation of 
        a United States

[[Page 115 STAT. 366]]

        person is not conducted solely upon the basis of activities 
        protected by the first amendment to the Constitution of the 
        United States.''.

    (c) Consumer Reports.--Section 624 of the Fair Credit Reporting Act 
(15 U.S.C. 1681u) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge of a Bureau field office 
                designated by the Director'' after ``designee'' the 
                first place it appears; and
                    (B) by striking ``in writing that'' and all that 
                follows through the end and inserting the following: 
                ``in writing, that such information is sought for the 
                conduct of an authorized investigation to protect 
                against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely upon the basis of activities protected by the 
                first amendment to the Constitution of the United 
                States.'';
            (2) in subsection (b)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge of a Bureau field office 
                designated by the Director'' after ``designee'' the 
                first place it appears; and
                    (B) by striking ``in writing that'' and all that 
                follows through the end and inserting the following: 
                ``in writing that such information is sought for the 
                conduct of an authorized investigation to protect 
                against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely upon the basis of activities protected by the 
                first amendment to the Constitution of the United 
                States.''; and
            (3) in subsection (c)--
                    (A) by inserting ``in a position not lower than 
                Deputy Assistant Director at Bureau headquarters or a 
                Special Agent in Charge in a Bureau field office 
                designated by the Director'' after ``designee of the 
                Director''; and
                    (B) by striking ``in camera that'' and all that 
                follows through ``States.'' and inserting the following: 
                ``in camera that the consumer report is sought for the 
                conduct of an authorized investigation to protect 
                against international terrorism or clandestine 
                intelligence activities, provided that such an 
                investigation of a United States person is not conducted 
                solely upon the basis of activities protected by the 
                first amendment to the Constitution of the United 
                States.''.

SEC. 506. EXTENSION OF SECRET SERVICE JURISDICTION.

    (a) Concurrent Jurisdiction Under 18 U.S.C. 1030.--Section 1030(d) 
of title 18, United States Code, is amended to read as follows:
    ``(d)(1) The United States Secret Service shall, in addition to any 
other agency having such authority, have the authority to investigate 
offenses under this section.

[[Page 115 STAT. 367]]

    ``(2) The Federal Bureau of Investigation shall have primary 
authority to investigate offenses under subsection (a)(1) for any cases 
involving espionage, foreign counterintelligence, information protected 
against unauthorized disclosure for reasons of national defense or 
foreign relations, or Restricted Data (as that term is defined in 
section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except 
for offenses affecting the duties of the United States Secret Service 
pursuant to section 3056(a) of this title.
    ``(3) Such authority shall be exercised in accordance with an 
agreement which shall be entered into by the Secretary of the Treasury 
and the Attorney General.''.
    (b) Reauthorization of Jurisdiction under 18 U.S.C. 1344.--Section 
3056(b)(3) of title 18, United States Code, is amended by striking 
``credit and debit card frauds, and false identification documents or 
devices'' and inserting ``access device frauds, false identification 
documents or devices, and any fraud or other criminal or unlawful 
activity in or against any federally insured financial institution''.

SEC. 507. DISCLOSURE OF EDUCATIONAL RECORDS.

    Section 444 of the General Education Provisions Act (20 U.S.C. 
1232g), is amended by adding after subsection (i) a new subsection (j) 
to read as follows:
    ``(j) Investigation and Prosecution of Terrorism.--
            ``(1) In general.--Notwithstanding subsections (a) through 
        (i) or any provision of State law, the Attorney General (or any 
        Federal officer or employee, in a position not lower than an 
        Assistant Attorney General, designated by the Attorney General) 
        may submit a written application to a court of competent 
        jurisdiction for an ex parte order requiring an educational 
        agency or institution to permit the Attorney General (or his 
        designee) to--
                    ``(A) collect education records in the possession of 
                the educational agency or institution that are relevant 
                to an authorized investigation or prosecution of an 
                offense listed in section 2332b(g)(5)(B) of title 18 
                United States Code, or an act of domestic or 
                international terrorism as defined in section 2331 of 
                that title; and
                    ``(B) for official purposes related to the 
                investigation or prosecution of an offense described in 
                paragraph (1)(A), retain, disseminate, and use 
                (including as evidence at trial or in other 
                administrative or judicial proceedings) such records, 
                consistent with such guidelines as the Attorney General, 
                after consultation with the Secretary, shall issue to 
                protect confidentiality.
            ``(2) Application and approval.--
                    ``(A) In general.--An application under paragraph 
                (1) shall certify that there are specific and 
                articulable facts giving reason to believe that the 
                education records are likely to contain information 
                described in paragraph (1)(A).
                    ``(B) &lt;&lt;NOTE: Courts.&gt;&gt; The court shall issue an 
                order described in paragraph (1) if the court finds that 
                the application for the order includes the certification 
                described in subparagraph (A).
            ``(3) Protection of educational agency or institution.--An 
        educational agency or institution that, in good faith, produces 
        education records in accordance with an order issued

[[Page 115 STAT. 368]]

        under this subsection shall not be liable to any person for that 
        production.
            ``(4) Record-keeping.--Subsection (b)(4) does not apply to 
        education records subject to a court order under this 
        subsection.''.

SEC. 508. DISCLOSURE OF INFORMATION FROM NCES SURVEYS.

    Section 408 of the National Education Statistics Act of 1994 (20 
U.S.C. 9007), is amended by adding after subsection (b) a new subsection 
(c) to read as follows:
    ``(c) Investigation and Prosecution of Terrorism.--
            ``(1) In General.--Notwithstanding subsections (a) and (b), 
        the Attorney General (or any Federal officer or employee, in a 
        position not lower than an Assistant Attorney General, 
        designated by the Attorney General) may submit a written 
        application to a court of competent jurisdiction for an ex parte 
        order requiring the Secretary to permit the Attorney General (or 
        his designee) to--
                    ``(A) collect reports, records, and information 
                (including individually identifiable information) in the 
                possession of the center that are relevant to an 
                authorized investigation or prosecution of an offense 
                listed in section 2332b(g)(5)(B) of title 18, United 
                States Code, or an act of domestic or international 
                terrorism as defined in section 2331 of that title; and
                    ``(B) for official purposes related to the 
                investigation or prosecution of an offense described in 
                paragraph (1)(A), retain, disseminate, and use 
                (including as evidence at trial or in other 
                administrative or judicial proceedings) such 
                information, consistent with such guidelines as the 
                Attorney General, after consultation with the Secretary, 
                shall issue to protect confidentiality.
            ``(2) Application and approval.--
                    ``(A) In &lt;&lt;NOTE: Certification.&gt;&gt; general.--An 
                application under paragraph (1) shall certify that there 
                are specific and articulable facts giving reason to 
                believe that the information sought is described in 
                paragraph (1)(A).
                    ``(B) &lt;&lt;NOTE: Courts.&gt;&gt; The court shall issue an 
                order described in paragraph (1) if the court finds that 
                the application for the order includes the certification 
                described in subparagraph (A).
                    ``(3) Protection.--An officer or employee of the 
                Department who, in good faith, produces information in 
                accordance with an order issued under this subsection 
                does not violate subsection (b)(2) and shall not be 
                liable to any person for that production.''.

[[Page 115 STAT. 369]]

 TITLE VI--PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, 
                           AND THEIR FAMILIES

          Subtitle A--Aid to Families of Public Safety Officers

SEC. 611. &lt;&lt;NOTE: 42 USC 3796c-1.&gt;&gt; EXPEDITED PAYMENT FOR PUBLIC SAFETY 
            OFFICERS INVOLVED IN THE PREVENTION, INVESTIGATION, RESCUE, 
            OR RECOVERY EFFORTS RELATED TO A TERRORIST ATTACK.

    (a) In General.--Notwithstanding the limitations of subsection (b) 
of section 1201 or the provisions of subsections (c), (d), and (e) of 
such section or section 1202 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a), upon certification 
(containing identification of all eligible payees of benefits pursuant 
to section 1201 of such Act) by a public agency that a public safety 
officer employed by such agency was killed or suffered a catastrophic 
injury producing permanent and total disability as a direct and 
proximate result of a personal injury sustained in the line of duty as 
described in section 1201 of such Act in connection with prevention, 
investigation, rescue, or recovery efforts related to a terrorist 
attack, the Director of the Bureau of Justice Assistance shall authorize 
payment to qualified beneficiaries, said payment to be made not later 
than 30 days after receipt of such certification, benefits described 
under subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.).
    (b) Definitions.--For purposes of this section, the terms 
``catastrophic injury'', ``public agency'', and ``public safety 
officer'' have the same meanings given such terms in section 1204 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796b).

SEC. 612. TECHNICAL CORRECTION WITH RESPECT TO EXPEDITED PAYMENTS FOR 
            HEROIC PUBLIC SAFETY OFFICERS.

    Section 1 of Public Law 107-37 (an Act to provide for the expedited 
payment of certain benefits for a public safety officer who was killed 
or suffered a catastrophic injury as a direct and proximate result of a 
personal injury sustained in the line of duty in 
connection &lt;&lt;NOTE: Ante, p. 219.&gt;&gt; with the terrorist attacks of 
September 11, 2001) is amended by--
            (1) inserting before ``by a'' the following: ``(containing 
        identification of all eligible payees of benefits pursuant to 
        section 1201)'';
            (2) inserting ``producing permanent and total disability'' 
        after ``suffered a catastrophic injury''; and
            (3) striking ``1201(a)'' and inserting ``1201''.

SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT PROGRAM PAYMENT INCREASE.

    (a) Payments.--Section 1201(a) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796) is amended by striking ``$100,000'' 
and inserting ``$250,000''.

[[Page 115 STAT. 370]]

    (b) Applicability.--The &lt;&lt;NOTE: 42 USC 3796 note.&gt;&gt; amendment made 
by subsection (a) shall apply to any death or disability occurring on or 
after January 1, 2001.

SEC. 614. OFFICE OF JUSTICE PROGRAMS.

    Section 112 of title I of section 101(b) of division A of Public Law 
105-277 &lt;&lt;NOTE: 42 USC 3751 note.&gt;&gt; and section 108(a) of appendix A of 
Public Law 106-113 (113 Stat. 1501A-20) are amended--
            (1) after ``that Office'', each place it occurs, by 
        inserting ``(including, notwithstanding any contrary provision 
        of law (unless the same should expressly refer to this section), 
        any organization that administers any program established in 
        title 1 of Public Law 90-351)''; and
            (2) by inserting ``functions, including any'' after ``all''.

       Subtitle B--Amendments to the Victims of Crime Act of 1984

SEC. 621. CRIME VICTIMS FUND.

    (a) Deposit of Gifts in the Fund.--Section 1402(b) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10601(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) any gifts, bequests, or donations to the Fund from 
        private entities or individuals.''.

    (b) Formula for Fund Distributions.--Section 1402(c) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as follows:
    ``(c) Fund Distribution; Retention of Sums in Fund; Availability for 
Expenditure Without Fiscal Year Limitation.--
            ``(1) Subject to the availability of money in the Fund, in 
        each fiscal year, beginning with fiscal year 2003, the Director 
        shall distribute not less than 90 percent nor more than 110 
        percent of the amount distributed from the Fund in the previous 
        fiscal year, except the Director may distribute up to 120 
        percent of the amount distributed in the previous fiscal year in 
        any fiscal year that the total amount available in the Fund is 
        more than 2 times the amount distributed in the previous fiscal 
        year.
            ``(2) In each fiscal year, the Director shall distribute 
        amounts from the Fund in accordance with subsection (d). All 
        sums not distributed during a fiscal year shall remain in 
        reserve in the Fund to be distributed during a subsequent fiscal 
        year. Notwithstanding any other provision of law, all sums 
        deposited in the Fund that are not distributed shall remain in 
        reserve in the Fund for obligation in future fiscal years, 
        without fiscal year limitation.''.

    (c) Allocation of Funds for Costs and Grants.--Section 1402(d)(4) of 
the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended--
            (1) by striking ``deposited in'' and inserting ``to be 
        distributed from'';
            (2) in subparagraph (A), by striking ``48.5'' and inserting 
        ``47.5'';

[[Page 115 STAT. 371]]

            (3) in subparagraph (B), by striking ``48.5'' and inserting 
        ``47.5''; and
            (4) in subparagraph (C), by striking ``3'' and inserting 
        ``5''.

    (d) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is amended to read 
as follows:
            ``(5)(A) In addition to the amounts distributed under 
        paragraphs (2), (3), and (4), the Director may set aside up to 
        $50,000,000 from the amounts transferred to the Fund in response 
        to the airplane hijackings and terrorist acts that occurred on 
        September 11, 2001, as an antiterrorism emergency reserve. The 
        Director may replenish any amounts expended from such reserve in 
        subsequent fiscal years by setting aside up to 5 percent of the 
        amounts remaining in the Fund in any fiscal year after 
        distributing amounts under paragraphs (2), (3) and (4). Such 
        reserve shall not exceed $50,000,000.
            ``(B) The antiterrorism emergency reserve referred to in 
        subparagraph (A) may be used for supplemental grants under 
        section 1404B and to provide compensation to victims of 
        international terrorism under section 1404C.
            ``(C) Amounts in the antiterrorism emergency reserve 
        established pursuant to subparagraph (A) may be carried over 
        from fiscal year to fiscal year. Notwithstanding subsection (c) 
        and section 619 of the Departments of Commerce, Justice, and 
        State, the Judiciary, and Related Agencies Appropriations Act, 
        2001 (and any similar limitation on Fund obligations in any 
        future Act, unless the same should expressly refer to this 
        section), any such amounts carried over shall not be subject to 
        any limitation on obligations from amounts deposited to or 
        available in the Fund.''.

    (e) Victims &lt;&lt;NOTE: 42 USC 10601 note.&gt;&gt; of September 11, 2001.--
Amounts transferred to the Crime Victims Fund for use in responding to 
the airplane hijackings and terrorist acts (including any related 
search, rescue, relief, assistance, or other similar activities) that 
occurred on September 11, 2001, shall not be subject to any limitation 
on obligations from amounts deposited to or available in the Fund, 
notwithstanding--
            (1) section 619 of the Departments of Commerce, Justice, and 
        State, the Judiciary, and Related Agencies Appropriations Act, 
        2001, and any similar limitation on Fund obligations in such Act 
        for Fiscal Year 2002; and
            (2) subsections (c) and (d) of section 1402 of the Victims 
        of Crime Act of 1984 (42 U.S.C. 10601).

SEC. 622. CRIME VICTIM COMPENSATION.

    (a) Allocation of Funds for Compensation and Assistance.--Paragraphs 
(1) and (2) of section 1403(a) of the Victims of Crime Act of 1984 (42 
U.S.C. 10602(a)) are amended by inserting ``in fiscal year 2002 and of 
60 percent in subsequent fiscal years'' after ``40 percent''.
    (b) Location of Compensable Crime.--Section 1403(b)(6)(B) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by 
striking ``are outside the United States (if the compensable crime is 
terrorism, as defined in section 2331 of title 18), or''.
    (c) Relationship of Crime Victim Compensation to Means-Tested 
Federal Benefit Programs.--Section 1403 of the Victims

[[Page 115 STAT. 372]]

of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking subsection 
(c) and inserting the following:
    ``(c) Exclusion From Income, Resources, and Assets for Purposes of 
Means Tests.--Notwithstanding any other law (other than title IV of 
Public Law 107-42), for the purpose of any maximum allowed income, 
resource, or asset eligibility requirement in any Federal, State, or 
local government program using Federal funds that provides medical or 
other assistance (or payment or reimbursement of the cost of such 
assistance), any amount of crime victim compensation that the applicant 
receives through a crime victim compensation program under this section 
shall not be included in the income, resources, or assets of the 
applicant, nor shall that amount reduce the amount of the assistance 
available to the applicant from Federal, State, or local government 
programs using Federal funds, unless the total amount of assistance that 
the applicant receives from all such programs is sufficient to fully 
compensate the applicant for losses suffered as a result of the 
crime.''.
    (d) Definitions of ``Compensable Crime'' and ``State''.--Section 
1403(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)) is 
amended--
            (1) in paragraph (3), by striking ``crimes involving 
        terrorism,''; and
            (2) in paragraph (4), by inserting ``the United States 
        Virgin Islands,'' after ``the Commonwealth of Puerto Rico,''.

    (e) Relationship of Eligible Crime Victim Compensation Programs to 
the September 11th Victim Compensation Fund.--
            (1) In general.--Section 1403(e) of the Victims of Crime Act 
        of 1984 (42 U.S.C. 10602(e)) is amended by inserting ``including 
        the program established under title IV of Public Law 107-42,'' 
        after ``Federal program,''.
            (2) Compensation.--With &lt;&lt;NOTE: 49 USC 40101 note.&gt;&gt; respect 
        to any compensation payable under title IV of Public Law 107-42, 
        the failure of a crime victim compensation program, after the 
        effective date of final regulations issued pursuant to section 
        407 of Public Law 107-42, to provide compensation otherwise 
        required pursuant to section 1403 of the Victims of Crime Act of 
        1984 (42 U.S.C. 10602) shall not render that program ineligible 
        for future grants under the Victims of Crime Act of 1984.

SEC. 623. CRIME VICTIM ASSISTANCE.

    (a) Assistance for Victims in the District of Columbia, Puerto Rico, 
and Other Territories and Possessions.--Section 1404(a) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding at the 
end the following:
            ``(6) An agency of the Federal Government performing local 
        law enforcement functions in and on behalf of the District of 
        Columbia, the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, or any other territory or possession of the 
        United States may qualify as an eligible crime victim assistance 
        program for the purpose of grants under this subsection, or for 
        the purpose of grants under subsection (c)(1).''.

    (b) Prohibition on Discrimination Against Certain Victims.--Section 
1404(b)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(1)) 
is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;

[[Page 115 STAT. 373]]

            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) does not discriminate against victims because 
                they disagree with the way the State is prosecuting the 
                criminal case.''.

    (c) Grants for Program Evaluation and Compliance Efforts.--Section 
1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(c)(1)(A)) is amended by inserting ``, program evaluation, 
compliance efforts,'' after ``demonstration projects''.
    (d) Allocation of Discretionary Grants.--Section 1404(c)(2) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is amended--
            (1) in subparagraph (A), by striking ``not more than'' and 
        inserting ``not less than''; and
            (2) in subparagraph (B), by striking ``not less than'' and 
        inserting ``not more than''.

    (e) Fellowships and Clinical Internships.--Section 1404(c)(3) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) use funds made available to the Director under 
                this subsection--
                          ``(i) for fellowships and clinical 
                      internships; and
                          ``(ii) to carry out programs of training and 
                      special workshops for the presentation and 
                      dissemination of information resulting from 
                      demonstrations, surveys, and special projects.''.

SEC. 624. VICTIMS OF TERRORISM.

    (a) Compensation and Assistance to Victims of Domestic Terrorism.--
Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603b(b)) is amended to read as follows:
    ``(b) Victims of Terrorism Within the United States.--The Director 
may make supplemental grants as provided in section 1402(d)(5) to States 
for eligible crime victim compensation and assistance programs, and to 
victim service organizations, public agencies (including Federal, State, 
or local governments) and nongovernmental organizations that provide 
assistance to victims of crime, which shall be used to provide emergency 
relief, including crisis response efforts, assistance, compensation, 
training and technical assistance, and ongoing assistance, including 
during any investigation or prosecution, to victims of terrorist acts or 
mass violence occurring within the United States.''.
    (b) Assistance to Victims of International Terrorism.--Section 
1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(a)(1)) 
is amended by striking ``who are not persons eligible for compensation 
under title VIII of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986''.
    (c) Compensation to Victims of International Terrorism.--Section 
1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is 
amended by adding at the end the following: ``The amount of compensation 
awarded to a victim under this subsection

[[Page 115 STAT. 374]]

shall be reduced by any amount that the victim received in connection 
with the same act of international terrorism under title VIII of the 
Omnibus Diplomatic Security and Antiterrorism Act of 1986.''.

  TITLE VII--INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE 
                               PROTECTION

SEC. 701. EXPANSION OF REGIONAL INFORMATION SHARING SYSTEM TO FACILITATE 
            FEDERAL-STATE-LOCAL LAW ENFORCEMENT RESPONSE RELATED TO 
            TERRORIST ATTACKS.

    Section 1301 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796h) is amended--
            (1) in subsection (a), by inserting ``and terrorist 
        conspiracies and activities'' after ``activities'';
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) by redesignating paragraph (4) as paragraph (5); 
                and
                    (C) by inserting after paragraph (3) the following:
            ``(4) establishing and operating secure information sharing 
        systems to enhance the investigation and prosecution abilities 
        of participating enforcement agencies in addressing multi-
        jurisdictional terrorist conspiracies and activities; and (5)''; 
        and
            (3) by inserting at the end the following:

    ``(d) Authorization of Appropriation to the Bureau of Justice 
Assistance.--There are authorized to be appropriated to the Bureau of 
Justice Assistance to carry out this section $50,000,000 for fiscal year 
2002 and $100,000,000 for fiscal year 2003.''.

      TITLE VIII--STRENGTHENING THE CRIMINAL LAWS AGAINST TERRORISM

SEC. 801. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS 
            TRANSPORTATION SYSTEMS.

    Chapter 97 of title 18, United States Code, is amended by adding at 
the end the following:

``Sec. 1993. Terrorist attacks and other acts of violence against mass 
                        transportation systems

    ``(a) General Prohibitions.--Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables a mass 
        transportation vehicle or ferry;
            ``(2) places or causes to be placed any biological agent or 
        toxin for use as a weapon, destructive substance, or destructive 
        device in, upon, or near a mass transportation vehicle or ferry, 
        without previously obtaining the permission of the mass 
        transportation provider, and with intent to endanger the safety 
        of any passenger or employee of the mass transportation 
        provider, or with a reckless disregard for the safety of human 
        life;
            ``(3) sets fire to, or places any biological agent or toxin 
        for use as a weapon, destructive substance, or destructive 
        device

[[Page 115 STAT. 375]]

        in, upon, or near any garage, terminal, structure, supply, or 
        facility used in the operation of, or in support of the 
        operation of, a mass transportation vehicle or ferry, without 
        previously obtaining the permission of the mass transportation 
        provider, and knowing or having reason to know such activity 
        would likely derail, disable, or wreck a mass transportation 
        vehicle or ferry used, operated, or employed by the mass 
        transportation provider;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of a mass transportation signal system, 
        including a train control system, centralized dispatching 
        system, or rail grade crossing warning signal without 
        authorization from the mass transportation provider;
            ``(5) interferes with, disables, or incapacitates any 
        dispatcher, driver, captain, or person while they are employed 
        in dispatching, operating, or maintaining a mass transportation 
        vehicle or ferry, with intent to endanger the safety of any 
        passenger or employee of the mass transportation provider, or 
        with a reckless disregard for the safety of human life;
            ``(6) commits an act, including the use of a dangerous 
        weapon, with the intent to cause death or serious bodily injury 
        to an employee or passenger of a mass transportation provider or 
        any other person while any of the foregoing are on the property 
        of a mass transportation provider;
            ``(7) conveys or causes to be conveyed false information, 
        knowing the information to be false, concerning an attempt or 
        alleged attempt being made or to be made, to do any act which 
        would be a crime prohibited by this subsection; or
            ``(8) attempts, threatens, or conspires to do any of the 
        aforesaid acts,

shall be fined under this title or imprisoned not more than twenty 
years, or both, if such act is committed, or in the case of a threat or 
conspiracy such act would be committed, on, against, or affecting a mass 
transportation provider engaged in or affecting interstate or foreign 
commerce, or if in the course of committing such act, that person 
travels or communicates across a State line in order to commit such act, 
or transports materials across a State line in aid of the commission of 
such act.
    ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) in a circumstance in which--
            ``(1) the mass transportation vehicle or ferry was carrying 
        a passenger at the time of the offense; or
            ``(2) the offense has resulted in the death of any person,

shall be guilty of an aggravated form of the offense and shall be fined 
under this title or imprisoned for a term of years or for life, or both.
    ``(c) Definitions.--In this section--
            ``(1) the term `biological agent' has the meaning given to 
        that term in section 178(1) of this title;
            ``(2) the term `dangerous weapon' has the meaning given to 
        that term in section 930 of this title;
            ``(3) the term `destructive device' has the meaning given to 
        that term in section 921(a)(4) of this title;
            ``(4) the term `destructive substance' has the meaning given 
        to that term in section 31 of this title;
            ``(5) the term `mass transportation' has the meaning given 
        to that term in section 5302(a)(7) of title 49, United States

[[Page 115 STAT. 376]]

        Code, except that the term shall include schoolbus, charter, and 
        sightseeing transportation;
            ``(6) the term `serious bodily injury' has the meaning given 
        to that term in section 1365 of this title;
            ``(7) the term `State' has the meaning given to that term in 
        section 2266 of this title; and
            ``(8) the term `toxin' has the meaning given to that term in 
        section 178(2) of this title.''.

    (f) Conforming Amendment.--The analysis of chapter 97 of title 18, 
United States Code, is amended by adding at the end:

``1993. Terrorist attacks and other acts of violence against mass 
           transportation systems.''.

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

    (a) Domestic Terrorism Defined.--Section 2331 of title 18, United 
States Code, is amended--
            (1) in paragraph (1)(B)(iii), by striking ``by assassination 
        or kidnapping'' and inserting ``by mass destruction, 
        assassination, or kidnapping'';
            (2) in paragraph (3), by striking ``and'';
            (3) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(5) the term `domestic terrorism' means activities that--
                    ``(A) involve acts dangerous to human life that are 
                a violation of the criminal laws of the United States or 
                of any State;
                    ``(B) appear to be intended--
                          ``(i) to intimidate or coerce a civilian 
                      population;
                          ``(ii) to influence the policy of a government 
                      by intimidation or coercion; or
                          ``(iii) to affect the conduct of a government 
                      by mass destruction, assassination, or kidnapping; 
                      and
                    ``(C) occur primarily within the territorial 
                jurisdiction of the United States.''.

    (b) Conforming Amendment.--Section 3077(1) of title 18, United 
States Code, is amended to read as follows:
            ``(1) `act of terrorism' means an act of domestic or 
        international terrorism as defined in section 2331;''.

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding after section 2338 the following new section:

``Sec. 2339. Harboring or concealing terrorists

    ``(a) Whoever harbors or conceals any person who he knows, or has 
reasonable grounds to believe, has committed, or is about to commit, an 
offense under section 32 (relating to destruction of aircraft or 
aircraft facilities), section 175 (relating to biological weapons), 
section 229 (relating to chemical weapons), section 831 (relating to 
nuclear materials), paragraph (2) or (3) of section 844(f) (relating to 
arson and bombing of government property risking or causing injury or 
death), section 1366(a) (relating to the destruction of an energy 
facility), section 2280 (relating to violence against maritime 
navigation), section 2332a (relating to weapons of mass destruction), or 
section 2332b (relating to acts of terrorism transcending national 
boundaries) of this title, section 236(a) (relating to sabotage of 
nuclear facilities or fuel) of the Atomic Energy Act

[[Page 115 STAT. 377]]

of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft 
piracy) of title 49, shall be fined under this title or imprisoned not 
more than ten years, or both.''.
    ``(b) A violation of this section may be prosecuted in any Federal 
judicial district in which the underlying offense was committed, or in 
any other Federal judicial district as provided by law.''.
    (b) Technical Amendment.--The chapter analysis for chapter 113B of 
title 18, United States Code, is amended by inserting after the item for 
section 2338 the following:

``2339. Harboring or concealing terrorists.''.

SEC. 804. JURISDICTION OVER CRIMES COMMITTED AT U.S. FACILITIES ABROAD.

    Section 7 of title 18, United States Code, is amended by adding at 
the end the following:
            ``(9) With respect to offenses committed by or against a 
        national of the United States as that term is used in section 
        101 of the Immigration and Nationality Act--
                    ``(A) the premises of United States diplomatic, 
                consular, military or other United States Government 
                missions or entities in foreign States, including the 
                buildings, parts of buildings, and land appurtenant or 
                ancillary thereto or used for purposes of those missions 
                or entities, irrespective of ownership; and
                    ``(B) residences in foreign States and the land 
                appurtenant or ancillary thereto, irrespective of 
                ownership, used for purposes of those missions or 
                entities or used by United States personnel assigned to 
                those missions or entities.
        Nothing in this paragraph shall be deemed to supersede any 
        treaty or international agreement with which this paragraph 
        conflicts. This paragraph does not apply with respect to an 
        offense committed by a person described in section 3261(a) of 
        this title.''.

SEC. 805. MATERIAL SUPPORT FOR TERRORISM.

    (a) In General.--Section 2339A of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``, within the United States,'';
                    (B) by inserting ``229,'' after ``175,'';
                    (C) by inserting ``1993,'' after ``1992,'';
                    (D) by inserting ``, section 236 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2284),'' after ``of this 
                title'';
                    (E) by inserting ``or 60123(b)'' after ``46502''; 
                and
                    (F) by inserting at the end the following: ``A 
                violation of this section may be prosecuted in any 
                Federal judicial district in which the underlying 
                offense was committed, or in any other Federal judicial 
                district as provided by law.''; and
            (2) in subsection (b)--
                    (A) by striking ``or other financial securities'' 
                and inserting ``or monetary instruments or financial 
                securities''; and
                    (B) by inserting ``expert advice or assistance,'' 
                after ``training,''.

[[Page 115 STAT. 378]]

    (b) Technical Amendment.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``or 2339B'' after ``2339A''.

SEC. 806. ASSETS OF TERRORIST ORGANIZATIONS.

    Section 981(a)(1) of title 18, United States Code, is amended by 
inserting at the end the following:
            ``(G) All assets, foreign or domestic--
                    ``(i) of any individual, entity, or organization 
                engaged in planning or perpetrating any act of domestic 
                or international terrorism (as defined in section 2331) 
                against the United States, citizens or residents of the 
                United States, or their property, and all assets, 
                foreign or domestic, affording any person a source of 
                influence over any such entity or organization;
                    ``(ii) acquired or maintained by any person with the 
                intent and for the purpose of supporting, planning, 
                conducting, or concealing an act of domestic or 
                international terrorism (as defined in section 2331) 
                against the United States, citizens or residents of the 
                United States, or their property; or
                    ``(iii) derived from, involved in, or used or 
                intended to be used to commit any act of domestic or 
                international terrorism (as defined in section 2331) 
                against the United States, citizens or residents of the 
                United States, or their property.''.

SEC. 807. &lt;&lt;NOTE: 22 USC 7211.&gt;&gt; TECHNICAL CLARIFICATION RELATING TO 
            PROVISION OF MATERIAL SUPPORT TO TERRORISM.

    No provision of the Trade Sanctions Reform and Export Enhancement 
Act of 2000 (title IX of Public Law 106-387) shall be construed to limit 
or otherwise affect section 2339A or 2339B of title 18, United States 
Code.

SEC. 808. DEFINITION OF FEDERAL CRIME OF TERRORISM.

    Section 2332b of title 18, United States Code, is amended--
            (1) in subsection (f), by inserting ``and any violation of 
        section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 
        1366(c), 1751(e), 2152, or 2156 of this title,'' before ``and 
        the Secretary''; and
            (2) in subsection (g)(5)(B), by striking clauses (i) through 
        (iii) and inserting the following:
                          ``(i) section 32 (relating to destruction of 
                      aircraft or aircraft facilities), 37 (relating to 
                      violence at international airports), 81 (relating 
                      to arson within special maritime and territorial 
                      jurisdiction), 175 or 175b (relating to biological 
                      weapons), 229 (relating to chemical weapons), 
                      subsection (a), (b), (c), or (d) of section 351 
                      (relating to congressional, cabinet, and Supreme 
                      Court assassination and kidnaping), 831 (relating 
                      to nuclear materials), 842(m) or (n) (relating to 
                      plastic explosives), 844(f)(2) or (3) (relating to 
                      arson and bombing of Government property risking 
                      or causing death), 844(i) (relating to arson and 
                      bombing of property used in interstate commerce), 
                      930(c) (relating to killing or attempted killing 
                      during an attack on a Federal facility with a 
                      dangerous weapon), 956(a)(1) (relating to 
                      conspiracy to murder, kidnap, or maim

[[Page 115 STAT. 379]]

                      persons abroad), 1030(a)(1) (relating to 
                      protection of computers), 1030(a)(5)(A)(i) 
                      resulting in damage as defined in 
                      1030(a)(5)(B)(ii) through (v) (relating to 
                      protection of computers), 1114 (relating to 
                      killing or attempted killing of officers and 
                      employees of the United States), 1116 (relating to 
                      murder or manslaughter of foreign officials, 
                      official guests, or internationally protected 
                      persons), 1203 (relating to hostage taking), 1362 
                      (relating to destruction of communication lines, 
                      stations, or systems), 1363 (relating to injury to 
                      buildings or property within special maritime and 
                      territorial jurisdiction of the United States), 
                      1366(a) (relating to destruction of an energy 
                      facility), 1751(a), (b), (c), or (d) (relating to 
                      Presidential and Presidential staff assassination 
                      and kidnaping), 1992 (relating to wrecking 
                      trains), 1993 (relating to terrorist attacks and 
                      other acts of violence against mass transportation 
                      systems), 2155 (relating to destruction of 
                      national defense materials, premises, or 
                      utilities), 2280 (relating to violence against 
                      maritime navigation), 2281 (relating to violence 
                      against maritime fixed platforms), 2332 (relating 
                      to certain homicides and other violence against 
                      United States nationals occurring outside of the 
                      United States), 2332a (relating to use of weapons 
                      of mass destruction), 2332b (relating to acts of 
                      terrorism transcending national boundaries), 2339 
                      (relating to harboring terrorists), 2339A 
                      (relating to providing material support to 
                      terrorists), 2339B (relating to providing material 
                      support to terrorist organizations), or 2340A 
                      (relating to torture) of this title;
                          ``(ii) section 236 (relating to sabotage of 
                      nuclear facilities or fuel) of the Atomic Energy 
                      Act of 1954 (42 U.S.C. 2284); or
                          ``(iii) section 46502 (relating to aircraft 
                      piracy), the second sentence of section 46504 
                      (relating to assault on a flight crew with a 
                      dangerous weapon), section 46505(b)(3) or (c) 
                      (relating to explosive or incendiary devices, or 
                      endangerment of human life by means of weapons, on 
                      aircraft), section 46506 if homicide or attempted 
                      homicide is involved (relating to application of 
                      certain criminal laws to acts on aircraft), or 
                      section 60123(b) (relating to destruction of 
                      interstate gas or hazardous liquid pipeline 
                      facility) of title 49.''.

SEC. 809. NO STATUTE OF LIMITATION FOR CERTAIN TERRORISM OFFENSES.

    (a) In General.--Section 3286 of title 18, United States Code, is 
amended to read as follows:

``Sec. 3286. Extension of statute of limitation for certain terrorism 
                        offenses

    ``(a) Eight-Year Limitation.--Notwithstanding section 3282, no 
person shall be prosecuted, tried, or punished for any noncapital 
offense involving a violation of any provision listed in section 
2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e) 
of this title, or section 46504, 46505, or 46506 of title 49, unless

[[Page 115 STAT. 380]]

the indictment is found or the information is instituted within 8 years 
after the offense was committed. Notwithstanding the preceding sentence, 
offenses listed in section 3295 are subject to the statute of 
limitations set forth in that section.
    ``(b) No Limitation.--Notwithstanding any other law, an indictment 
may be found or an information instituted at any time without limitation 
for any offense listed in section 2332b(g)(5)(B), if the commission of 
such offense resulted in, or created a forseeable risk of, death or 
serious bodily injury to another person.''.
    (b) Application.--The &lt;&lt;NOTE: 18 USC 3286 note.&gt;&gt; amendments made by 
this section shall apply to the prosecution of any offense committed 
before, on, or after the date of the enactment of this section.

SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR TERRORISM OFFENSES.

    (a) Arson.--Section 81 of title 18, United States Code, is amended 
in the second undesignated paragraph by striking ``not more than twenty 
years'' and inserting ``for any term of years or for life''.
    (b) Destruction of an Energy Facility.--Section 1366 of title 18, 
United States Code, is amended--
            (1) in subsection (a), by striking ``ten'' and inserting 
        ``20''; and
            (2) by adding at the end the following:

    ``(d) Whoever is convicted of a violation of subsection (a) or (b) 
that has resulted in the death of any person shall be subject to 
imprisonment for any term of years or life.''.
    (c) Material Support to Terrorists.--Section 2339A(a) of title 18, 
United States Code, is amended--
            (1) by striking ``10'' and inserting ``15''; and
            (2) by striking the period and inserting ``, and, if the 
        death of any person results, shall be imprisoned for any term of 
        years or for life.''.

    (d) Material Support to Designated Foreign Terrorist 
Organizations.--Section 2339B(a)(1) of title 18, United States Code, is 
amended--
            (1) by striking ``10'' and inserting ``15''; and
            (2) by striking the period after ``or both'' and inserting 
        ``, and, if the death of any person results, shall be imprisoned 
        for any term of years or for life.''.

    (e) Destruction of National-Defense Materials.--Section 2155(a) of 
title 18, United States Code, is amended--
            (1) by striking ``ten'' and inserting ``20''; and
            (2) by striking the period at the end and inserting ``, and, 
        if death results to any person, shall be imprisoned for any term 
        of years or for life.''.

    (f) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
            (1) by striking ``ten'' each place it appears and inserting 
        ``20'';
            (2) in subsection (a), by striking the period at the end and 
        inserting ``, and, if death results to any person, shall be 
        imprisoned for any term of years or for life.''; and
            (3) in subsection (b), by striking the period at the end and 
        inserting ``, and, if death results to any person, shall be 
        imprisoned for any term of years or for life.''.

[[Page 115 STAT. 381]]

    (g) Special Aircraft Jurisdiction of the United States.--Section 
46505(c) of title 49, United States Code, is amended--
            (1) by striking ``15'' and inserting ``20''; and
            (2) by striking the period at the end and inserting ``, and, 
        if death results to any person, shall be imprisoned for any term 
        of years or for life.''.

    (h) Damaging or Destroying an Interstate Gas or Hazardous Liquid 
Pipeline Facility.--Section 60123(b) of title 49, United States Code, is 
amended--
            (1) by striking ``15'' and inserting ``20''; and
            (2) by striking the period at the end and inserting ``, and, 
        if death results to any person, shall be imprisoned for any term 
        of years or for life.''.

SEC. 811. PENALTIES FOR TERRORIST CONSPIRACIES.

    (a) Arson.--Section 81 of title 18, United States Code, is amended 
in the first undesignated paragraph--
            (1) by striking ``, or attempts to set fire to or burn''; 
        and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be imprisoned''.

    (b) Killings in Federal Facilities.--Section 930(c) of title 18, 
United States Code, is amended--
            (1) by striking ``or attempts to kill'';
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be punished''; and
            (3) by striking ``and 1113'' and inserting ``1113, and 
        1117''.

    (c) Communications Lines, Stations, or Systems.--Section 1362 of 
title 18, United States Code, is amended in the first undesignated 
paragraph--
            (1) by striking ``or attempts willfully or maliciously to 
        injure or destroy''; and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be fined''.

    (d) Buildings or Property Within Special Maritime and Territorial 
Jurisdiction.--Section 1363 of title 18, United States Code, is 
amended--
            (1) by striking ``or attempts to destroy or injure''; and
            (2) by inserting ``or attempts or conspires to do such an 
        act,'' before ``shall be fined'' the first place it appears.

    (e) Wrecking Trains.--Section 1992 of title 18, United States Code, 
is amended by adding at the end the following:
    ``(c) A person who conspires to commit any offense defined in this 
section shall be subject to the same penalties (other than the penalty 
of death) as the penalties prescribed for the offense, the commission of 
which was the object of the conspiracy.''.
    (f) Material Support to Terrorists.--Section 2339A of title 18, 
United States Code, is amended by inserting ``or attempts or conspires 
to do such an act,'' before ``shall be fined''.
    (g) Torture.--Section 2340A of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) Conspiracy.--A person who conspires to commit an offense under 
this section shall be subject to the same penalties (other than the 
penalty of death) as the penalties prescribed for the offense, the 
commission of which was the object of the conspiracy.''.
    (h) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2284), is amended--
            (1) in subsection (a)--

[[Page 115 STAT. 382]]

                    (A) by striking ``, or who intentionally and 
                willfully attempts to destroy or cause physical damage 
                to'';
                    (B) in paragraph (4), by striking the period at the 
                end and inserting a comma; and
                    (C) by inserting ``or attempts or conspires to do 
                such an act,'' before ``shall be fined''; and
            (2) in subsection (b)--
                    (A) by striking ``or attempts to cause''; and
                    (B) by inserting ``or attempts or conspires to do 
                such an act,'' before ``shall be fined''.

    (i) Interference with Flight Crew Members and Attendants.--Section 
46504 of title 49, United States Code, is amended by inserting ``or 
attempts or conspires to do such an act,'' before ``shall be fined''.
    (j) Special Aircraft Jurisdiction of the United States.--Section 
46505 of title 49, United States Code, is amended by adding at the end 
the following:
    ``(e) Conspiracy.--If two or more persons conspire to violate 
subsection (b) or (c), and one or more of such persons do any act to 
effect the object of the conspiracy, each of the parties to such 
conspiracy shall be punished as provided in such subsection.''.
    (k) Damaging or Destroying an Interstate Gas or Hazardous Liquid 
Pipeline Facility.--Section 60123(b) of title 49, United States Code, is 
amended--
            (1) by striking ``, or attempting to damage or destroy,''; 
        and
            (2) by inserting ``, or attempting or conspiring to do such 
        an act,'' before ``shall be fined''.

SEC. 812. POST-RELEASE SUPERVISION OF TERRORISTS.

    Section 3583 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(j) Supervised Release Terms for Terrorism Predicates.--
Notwithstanding subsection (b), the authorized term of supervised 
release for any offense listed in section 2332b(g)(5)(B), the commission 
of which resulted in, or created a foreseeable risk of, death or serious 
bodily injury to another person, is any term of years or life.''.

SEC. 813. INCLUSION OF ACTS OF TERRORISM AS RACKETEERING ACTIVITY.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or (F)'' and inserting ``(F)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, or (G) any act that is indictable under any 
        provision listed in section 2332b(g)(5)(B)''.

SEC. 814. DETERRENCE AND PREVENTION OF CYBERTERRORISM.

    (a) Clarification of Protection of Protected Computers.--Section 
1030(a)(5) of title 18, United States Code, is amended--
            (1) by inserting ``(i)'' after ``(A)'';
            (2) by redesignating subparagraphs (B) and (C) as clauses 
        (ii) and (iii), respectively;
            (3) by adding ``and'' at the end of clause (iii), as so 
        redesignated; and
            (4) by adding at the end the following:

[[Page 115 STAT. 383]]

                    ``(B) by conduct described in clause (i), (ii), or 
                (iii) of subparagraph (A), caused (or, in the case of an 
                attempted offense, would, if completed, have caused)--
                          ``(i) loss to 1 or more persons during any 1-
                      year period (and, for purposes of an 
                      investigation, prosecution, or other proceeding 
                      brought by the United States only, loss resulting 
                      from a related course of conduct affecting 1 or 
                      more other protected computers) aggregating at 
                      least $5,000 in value;
                          ``(ii) the modification or impairment, or 
                      potential modification or impairment, of the 
                      medical examination, diagnosis, treatment, or care 
                      of 1 or more individuals;
                          ``(iii) physical injury to any person;
                          ``(iv) a threat to public health or safety; or
                          ``(v) damage affecting a computer system used 
                      by or for a government entity in furtherance of 
                      the administration of justice, national defense, 
                      or national security;''.

    (b) Protection From Extortion.--Section 1030(a)(7) of title 18, 
United States Code, is amended by striking ``, firm, association, 
educational institution, financial institution, government entity, or 
other legal entity,''.
    (c) Penalties.--Section 1030(c) of title 18, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) --
                          (i) by inserting ``except as provided in 
                      subparagraph (B),'' before ``a fine'';
                          (ii) by striking ``(a)(5)(C)'' and inserting 
                      ``(a)(5)(A)(iii)''; and
                          (iii) by striking ``and' at the end;
                    (B) in subparagraph (B), by inserting ``or an 
                attempt to commit an offense punishable under this 
                subparagraph,'' after ``subsection (a)(2),'' in the 
                matter preceding clause (i); and
                    (C) in subparagraph (C), by striking ``and'' at the 
                end;
            (2) in paragraph (3)--
                    (A) by striking ``, (a)(5)(A), (a)(5)(B),'' both 
                places it appears; and
                    (B) by striking ``(a)(5)(C)'' and inserting 
                ``(a)(5)(A)(iii)''; and
            (3) by adding at the end the following:
            ``(4)(A) a fine under this title, imprisonment for not more 
        than 10 years, or both, in the case of an offense under 
        subsection (a)(5)(A)(i), or an attempt to commit an offense 
        punishable under that subsection;
            ``(B) a fine under this title, imprisonment for not more 
        than 5 years, or both, in the case of an offense under 
        subsection (a)(5)(A)(ii), or an attempt to commit an offense 
        punishable under that subsection;
            ``(C) a fine under this title, imprisonment for not more 
        than 20 years, or both, in the case of an offense under 
        subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to 
        commit an offense punishable under either subsection, that 
        occurs after a conviction for another offense under this 
        section.''.

[[Page 115 STAT. 384]]

    (d) Definitions.--Section 1030(e) of title 18, United States Code is 
amended--
            (1) in paragraph (2)(B), by inserting ``, including a 
        computer located outside the United States that is used in a 
        manner that affects interstate or foreign commerce or 
        communication of the United States'' before the semicolon;
            (2) in paragraph (7), by striking ``and'' at the end;
            (3) by striking paragraph (8) and inserting the following:
            ``(8) the term `damage' means any impairment to the 
        integrity or availability of data, a program, a system, or 
        information;'';
            (4) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (5) by adding at the end the following:
            ``(10) the term `conviction' shall include a conviction 
        under the law of any State for a crime punishable by 
        imprisonment for more than 1 year, an element of which is 
        unauthorized access, or exceeding authorized access, to a 
        computer;
            ``(11) the term `loss' means any reasonable cost to any 
        victim, including the cost of responding to an offense, 
        conducting a damage assessment, and restoring the data, program, 
        system, or information to its condition prior to the offense, 
        and any revenue lost, cost incurred, or other consequential 
        damages incurred because of interruption of service; and
            ``(12) the term `person' means any individual, firm, 
        corporation, educational institution, financial institution, 
        governmental entity, or legal or other entity.''.

    (e) Damages in Civil Actions.--Section 1030(g) of title 18, United 
States Code is amended--
            (1) by striking the second sentence and inserting the 
        following: ``A civil action for a violation of this section may 
        be brought only if the conduct involves 1 of the factors set 
        forth in clause (i), (ii), (iii), (iv), or (v) of subsection 
        (a)(5)(B). Damages for a violation involving only conduct 
        described in subsection (a)(5)(B)(i) are limited to economic 
        damages.''; and
            (2) by adding at the end the following: ``No action may be 
        brought under this subsection for the negligent design or 
        manufacture of computer hardware, computer software, or 
        firmware.''.

    (f) Amendment &lt;&lt;NOTE: 28 USC 994 note.&gt;&gt; of Sentencing Guidelines 
Relating to Certain Computer Fraud and Abuse.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
ensure that any individual convicted of a violation of section 1030 of 
title 18, United States Code, can be subjected to appropriate penalties, 
without regard to any mandatory minimum term of imprisonment.

SEC. 815. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING 
            RECORDS IN RESPONSE TO GOVERNMENT REQUESTS.

    Section 2707(e)(1) of title 18, United States Code, is amended by 
inserting after ``or statutory authorization'' the following: 
``(including a request of a governmental entity under section 2703(f) of 
this title)''.

[[Page 115 STAT. 385]]

SEC. 816. &lt;&lt;NOTE: 28 USC 509 note.&gt;&gt; DEVELOPMENT AND SUPPORT OF 
            CYBERSECURITY FORENSIC CAPABILITIES.

    (a) In General.--The Attorney General shall establish such regional 
computer forensic laboratories as the Attorney General considers 
appropriate, and provide support to existing computer forensic 
laboratories, in order that all such computer forensic laboratories have 
the capability--
            (1) to provide forensic examinations with respect to seized 
        or intercepted computer evidence relating to criminal activity 
        (including cyberterrorism);
            (2) to provide training and education for Federal, State, 
        and local law enforcement personnel and prosecutors regarding 
        investigations, forensic analyses, and prosecutions of computer-
        related crime (including cyberterrorism);
            (3) to assist Federal, State, and local law enforcement in 
        enforcing Federal, State, and local criminal laws relating to 
        computer-related crime;
            (4) to facilitate and promote the sharing of Federal law 
        enforcement expertise and information about the investigation, 
        analysis, and prosecution of computer-related crime with State 
        and local law enforcement personnel and prosecutors, including 
        the use of multijurisdictional task forces; and
            (5) to carry out such other activities as the Attorney 
        General considers appropriate.

    (b) Authorization of Appropriations.--
            (1) Authorization.--There is hereby authorized to be 
        appropriated in each fiscal year $50,000,000 for purposes of 
        carrying out this section.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations in paragraph (1) shall remain 
        available until expended.

SEC. 817. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.

    Chapter 10 of title 18, United States Code, is amended--
            (1) in section 175--
                    (A) in subsection (b)--
                          (i) by striking ``does not include'' and 
                      inserting ``includes'';
                          (ii) by inserting ``other than'' after 
                      ``system for''; and
                          (iii) by inserting ``bona fide research'' 
                      after ``protective'';
                    (B) by redesignating subsection (b) as subsection 
                (c); and
                    (C) by inserting after subsection (a) the following:

    ``(b) Additional Offense.--Whoever knowingly possesses any 
biological agent, toxin, or delivery system of a type or in a quantity 
that, under the circumstances, is not reasonably justified by a 
prophylactic, protective, bona fide research, or other peaceful purpose, 
shall be fined under this title, imprisoned not more than 10 years, or 
both. In this subsection, the terms `biological agent' and `toxin' do 
not encompass any biological agent or toxin that is in its naturally 
occurring environment, if the biological agent or toxin has not been 
cultivated, collected, or otherwise extracted from its natural 
source.'';
            (2) by inserting after section 175a the following:

[[Page 115 STAT. 386]]

``SEC. 175b. POSSESSION BY RESTRICTED PERSONS.

    ``(a) No restricted person described in subsection (b) shall ship or 
transport interstate or foreign commerce, or possess in or affecting 
commerce, any biological agent or toxin, or receive any biological agent 
or toxin that has been shipped or transported in interstate or foreign 
commerce, if the biological agent or toxin is listed as a select agent 
in subsection (j) of section 72.6 of title 42, Code of Federal 
Regulations, pursuant to section 511(d)(l) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132), and is not 
exempted under subsection (h) of such section 72.6, or appendix A of 
part 72 of the Code of Regulations.
    ``(b) In this section:
            ``(1) The term `select agent' does not include any such 
        biological agent or toxin that is in its naturally-occurring 
        environment, if the biological agent or toxin has not been 
        cultivated, collected, or otherwise extracted from its natural 
        source.

    ``(2) The term `restricted person' means an individual who--
                    ``(A) is under indictment for a crime punishable by 
                imprisonment for a term exceeding 1 year;
                    ``(B) has been convicted in any court of a crime 
                punishable by imprisonment for a term exceeding 1 year;
                    ``(C) is a fugitive from justice;
                    ``(D) is an unlawful user of any controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act (21 U.S.C. 802));
                    ``(E) is an alien illegally or unlawfully in the 
                United States;
                    ``(F) has been adjudicated as a mental defective or 
                has been committed to any mental institution;
                    ``(G) is an alien (other than an alien lawfully 
                admitted for permanent residence) who is a national of a 
                country as to which the Secretary of State, pursuant to 
                section 6(j) of the Export Administration Act of 1979 
                (50 U.S.C. App. 2405(j)), section 620A of chapter 1 of 
                part M of the Foreign Assistance Act of 1961 (22 U.S.C. 
                2371), or section 40(d) of chapter 3 of the Arms Export 
                Control Act (22 U.S.C. 2780(d)), has made a 
                determination (that remains in effect) that such country 
                has repeatedly provided support for acts of 
                international terrorism; or
                    ``(H) has been discharged from the Armed Services of 
                the United States under dishonorable conditions.
            ``(3) The term `alien' has the same meaning as in section 
        1010(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3)).
            ``(4) The term `lawfully admitted for permanent residence' 
        has the same meaning as in section 101(a)(20) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(20)).

    ``(c) Whoever knowingly violates this section shall be fined as 
provided in this title, imprisoned not more than 10 years, or both, but 
the prohibition contained in this section shall not apply with respect 
to any duly authorized United States governmental activity.''; and
            (3) in the chapter analysis, by inserting after the item 
        relating to section 175a the following:

``175b. Possession by restricted persons.''.

[[Page 115 STAT. 387]]

                     TITLE IX--IMPROVED INTELLIGENCE

SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE REGARDING 
            FOREIGN INTELLIGENCE COLLECTED UNDER FOREIGN INTELLIGENCE 
            SURVEILLANCE ACT OF 1978.

    Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-
3(c)) is amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (2) by inserting after paragraph (5) the following new 
        paragraph (6):
            ``(6) establish requirements and priorities for foreign 
        intelligence information to be collected under the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
        and provide assistance to the Attorney General to ensure that 
        information derived from electronic surveillance or physical 
        searches under that Act is disseminated so it may be used 
        efficiently and effectively for foreign intelligence purposes, 
        except that the Director shall have no authority to direct, 
        manage, or undertake electronic surveillance or physical search 
        operations pursuant to that Act unless otherwise authorized by 
        statute or Executive order;''.

SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES WITHIN SCOPE 
            OF FOREIGN INTELLIGENCE UNDER NATIONAL SECURITY ACT OF 1947.

    Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is 
amended--
            (1) in paragraph (2), by inserting before the period the 
        following: ``, or international terrorist activities''; and
            (2) in paragraph (3), by striking ``and activities 
        conducted'' and inserting ``, and activities conducted,''.

SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND MAINTENANCE OF 
            INTELLIGENCE RELATIONSHIPS TO ACQUIRE INFORMATION ON 
            TERRORISTS AND TERRORIST ORGANIZATIONS.

    It is the sense of Congress that officers and employees of the 
intelligence community of the Federal Government, acting within the 
course of their official duties, should be encouraged, and should make 
every effort, to establish and maintain intelligence relationships with 
any person, entity, or group for the purpose of engaging in lawful 
intelligence activities, including the acquisition of information on the 
identity, location, finances, affiliations, capabilities, plans, or 
intentions of a terrorist or terrorist organization, or information on 
any other person, entity, or group (including a foreign government) 
engaged in harboring, comforting, financing, aiding, or assisting a 
terrorist or terrorist organization.

SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS 
            ON INTELLIGENCE AND INTELLIGENCE-RELATED MATTERS.

    (a) Authority To Defer.--The Secretary of Defense, Attorney General, 
and Director of Central Intelligence each may, during the effective 
period of this section, defer the date of submittal

[[Page 115 STAT. 388]]

to Congress of any covered intelligence report under the jurisdiction of 
such official until February 1, 2002.
    (b) Covered Intelligence Report.--Except as provided in subsection 
(c), for purposes of subsection (a), a covered intelligence report is as 
follows:
            (1) Any report on intelligence or intelligence-related 
        activities of the United States Government that is required to 
        be submitted to Congress by an element of the intelligence 
        community during the effective period of this section.
            (2) Any report or other matter that is required to be 
        submitted to the Select Committee on Intelligence of the Senate 
        and Permanent Select Committee on Intelligence of the House of 
        Representatives by the Department of Defense or the Department 
        of Justice during the effective period of this section.

    (c) Exception for Certain Reports.--For purposes of subsection (a), 
any report required by section 502 or 503 of the National Security Act 
of 1947 (50 U.S.C. 413a, 413b) is not a covered intelligence report.
    (d) Notice to Congress.--Upon deferring the date of submittal to 
Congress of a covered intelligence report under subsection (a), the 
official deferring the date of submittal of the covered intelligence 
report shall submit to Congress notice of the deferral. Notice of 
deferral of a report shall specify the provision of law, if any, under 
which the report would otherwise be submitted to Congress.
    (e) Extension &lt;&lt;NOTE: Certification.&gt;&gt; of Deferral.--(1) Each 
official specified in subsection (a) may defer the date of submittal to 
Congress of a covered intelligence report under the jurisdiction of such 
official to a date after February 1, 2002, if such official submits to 
the committees of Congress specified in subsection (b)(2) before 
February 1, 2002, a certification that preparation and submittal of the 
covered intelligence report on February 1, 2002, will impede the work of 
officers or employees who are engaged in counterterrorism activities.

    (2) A certification under paragraph (1) with respect to a covered 
intelligence report shall specify the date on which the covered 
intelligence report will be submitted to Congress.
    (f) Effective Period.--The effective period of this section is the 
period beginning on the date of the enactment of this Act and ending on 
February 1, 2002.
    (g) Element of the Intelligence Community Defined.--In this section, 
the term ``element of the intelligence community'' means any element of 
the intelligence community specified or designated under section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF FOREIGN 
            INTELLIGENCE-RELATED INFORMATION WITH RESPECT TO CRIMINAL 
            INVESTIGATIONS.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended--
            (1) by redesignating &lt;&lt;NOTE: 50 USC 403-5b, 403-
        5c.&gt;&gt; subsection 105B as section 105C; and
            (2) by inserting after section 105A the following new 
        section 105B:

[[Page 115 STAT. 389]]

       ``disclosure of foreign intelligence acquired in criminal 
      investigations; notice of criminal investigations of foreign 
                          intelligence sources

    ``Sec. &lt;&lt;NOTE: 50 USC 403-5b.&gt;&gt; 105B. (a) Disclosure of Foreign 
Intelligence.--(1) Except as otherwise provided by law and subject to 
paragraph (2), the Attorney General, or the head of any other department 
or agency of the Federal Government with law enforcement 
responsibilities, shall expeditiously disclose to the Director of 
Central Intelligence, pursuant to guidelines developed by the Attorney 
General in consultation with the Director, foreign intelligence acquired 
by an element of the Department of Justice or an element of such 
department or agency, as the case may be, in the course of a criminal 
investigation.

    ``(2) The Attorney General by regulation and in consultation with 
the Director of Central Intelligence may provide for exceptions to the 
applicability of paragraph (1) for one or more classes of foreign 
intelligence, or foreign intelligence with respect to one or more 
targets or matters, if the Attorney General determines that disclosure 
of such foreign intelligence under that paragraph would jeopardize an 
ongoing law enforcement investigation or impair other significant law 
enforcement interests.
    ``(b) Procedures &lt;&lt;NOTE: Deadline.&gt;&gt; for Notice of Criminal 
Investigations.--Not later than 180 days after the date of enactment of 
this section, the Attorney General, in consultation with the Director of 
Central Intelligence, shall develop guidelines to ensure that after 
receipt of a report from an element of the intelligence community of 
activity of a foreign intelligence source or potential foreign 
intelligence source that may warrant investigation as criminal activity, 
the Attorney General provides notice to the Director of Central 
Intelligence, within a reasonable period of time, of his intention to 
commence, or decline to commence, a criminal investigation of such 
activity.

    ``(c) Procedures.--The Attorney General shall develop procedures for 
the administration of this section, including the disclosure of foreign 
intelligence by elements of the Department of Justice, and elements of 
other departments and agencies of the Federal Government, under 
subsection (a) and the provision of notice with respect to criminal 
investigations under subsection (b).''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by striking the item relating to section 105B and 
inserting the following new items:

``Sec. 105B. Disclosure of foreign intelligence acquired in criminal 
           investigations; notice of criminal investigations of foreign 
           intelligence sources.
``Sec. 105C. Protection of the operational files of the National Imagery 
           and Mapping Agency.''.

SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.

    (a) Report &lt;&lt;NOTE: Deadline.&gt;&gt; on Reconfiguration.--Not later than 
February 1, 2002, the Attorney General, the Director of Central 
Intelligence, and the Secretary of the Treasury shall jointly submit to 
Congress a report on the feasibility and desirability of reconfiguring 
the Foreign Terrorist Asset Tracking Center and the Office of Foreign 
Assets Control of the Department of the Treasury in order to establish a 
capability to provide for the effective and efficient analysis and 
dissemination of foreign intelligence relating to the financial 
capabilities and resources of international terrorist organizations.

[[Page 115 STAT. 390]]

    (b) Report Requirements.--(1) In preparing the report under 
subsection (a), the Attorney General, the Secretary, and the Director 
shall consider whether, and to what extent, the capacities and resources 
of the Financial Crimes Enforcement Center of the Department of the 
Treasury may be integrated into the capability contemplated by the 
report.
    (2) If the Attorney General, Secretary, and the Director determine 
that it is feasible and desirable to undertake the reconfiguration 
described in subsection (a) in order to establish the capability 
described in that subsection, the Attorney General, the Secretary, and 
the Director shall include with the report under that subsection a 
detailed proposal for legislation to achieve the reconfiguration.

SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.

    (a) Report &lt;&lt;NOTE: Deadline.&gt;&gt; on Establishment.--(1) Not later than 
February 1, 2002, the Director of Central Intelligence shall, in 
consultation with the Director of the Federal Bureau of Investigation, 
submit to the appropriate committees of Congress a report on the 
establishment and maintenance within the intelligence community of an 
element for purposes of providing timely and accurate translations of 
foreign intelligence for all other elements of the intelligence 
community. In the report, the element shall be referred to as the 
``National Virtual Translation Center''.

    (2) The report on the element described in paragraph (1) shall 
discuss the use of state-of-the-art communications technology, the 
integration of existing translation capabilities in the intelligence 
community, and the utilization of remote-connection capacities so as to 
minimize the need for a central physical facility for the element.
    (b) Resources.--The report on the element required by subsection (a) 
shall address the following:
            (1) The assignment to the element of a staff of individuals 
        possessing a broad range of linguistic and translation skills 
        appropriate for the purposes of the element.
            (2) The provision to the element of communications 
        capabilities and systems that are commensurate with the most 
        current and sophisticated communications capabilities and 
        systems available to other elements of intelligence community.
            (3) The assurance, to the maximum extent practicable, that 
        the communications capabilities and systems provided to the 
        element will be compatible with communications capabilities and 
        systems utilized by the Federal Bureau of Investigation in 
        securing timely and accurate translations of foreign language 
        materials for law enforcement investigations.
            (4) The development of a communications infrastructure to 
        ensure the efficient and secure use of the translation 
        capabilities of the element.

    (c) Secure Communications.--The report shall include a discussion of 
the creation of secure electronic communications between the element 
described by subsection (a) and the other elements of the intelligence 
community.
    (d) Definitions.--In this section:
            (1) Foreign intelligence.--The term ``foreign intelligence'' 
        has the meaning given that term in section 3(2) of the National 
        Security Act of 1947 (50 U.S.C. 401a(2)).
            (2) Element of the intelligence community.--The term 
        ``element of the intelligence community'' means any element

[[Page 115 STAT. 391]]

        of the intelligence community specified or designated under 
        section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).

SEC. 908. &lt;&lt;NOTE: 28 USC 509 note.&gt;&gt; TRAINING OF GOVERNMENT OFFICIALS 
            REGARDING IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE.

    (a) Program Required.--The Attorney General shall, in consultation 
with the Director of Central Intelligence, carry out a program to 
provide appropriate training to officials described in subsection (b) in 
order to assist such officials in--
            (1) identifying foreign intelligence information in the 
        course of their duties; and
            (2) utilizing foreign intelligence information in the course 
        of their duties, to the extent that the utilization of such 
        information is appropriate for such duties.

    (b) Officials.--The officials provided training under subsection (a) 
are, at the discretion of the Attorney General and the Director, the 
following:
            (1) Officials of the Federal Government who are not 
        ordinarily engaged in the collection, dissemination, and use of 
        foreign intelligence in the performance of their duties.
            (2) Officials of State and local governments who encounter, 
        or may encounter in the course of a terrorist event, foreign 
        intelligence in the performance of their duties.

    (c) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for the Department of Justice such sums as may be 
necessary for purposes of carrying out the program required by 
subsection (a).

                         TITLE X--MISCELLANEOUS

SEC. 1001. &lt;&lt;NOTE: 5 USC app.&gt;&gt; REVIEW OF THE DEPARTMENT OF JUSTICE.

    The Inspector General of the Department of Justice shall designate 
one official who shall--
            (1) review information and receive complaints alleging 
        abuses of civil rights and civil liberties by employees and 
        officials of the Department of Justice;
            (2) &lt;&lt;NOTE: Public information. Internet.&gt;&gt; make public 
        through the Internet, radio, television, and newspaper 
        advertisements information on the responsibilities and functions 
        of, and how to contact, the official; and
            (3) &lt;&lt;NOTE: Reports.&gt;&gt; submit to the Committee on the 
        Judiciary of the House of Representatives and the Committee on 
        the Judiciary of the Senate on a semi-annual basis a report on 
        the implementation of this subsection and detailing any abuses 
        described in paragraph (1), including a description of the use 
        of funds appropriations used to carry out this subsection.

SEC. 1002. SENSE OF CONGRESS.

    (a) Findings.--Congress finds that--
            (1) all Americans are united in condemning, in the strongest 
        possible terms, the terrorists who planned and carried out the 
        attacks against the United States on September 11, 2001, and in 
        pursuing all those responsible for those attacks and their 
        sponsors until they are brought to justice;
            (2) Sikh-Americans form a vibrant, peaceful, and law-abiding 
        part of America's people;

[[Page 115 STAT. 392]]

            (3) approximately 500,000 Sikhs reside in the United States 
        and are a vital part of the Nation;
            (4) Sikh-Americans stand resolutely in support of the 
        commitment of our Government to bring the terrorists and those 
        that harbor them to justice;
            (5) the Sikh faith is a distinct religion with a distinct 
        religious and ethnic identity that has its own places of worship 
        and a distinct holy text and religious tenets;
            (6) many Sikh-Americans, who are easily recognizable by 
        their turbans and beards, which are required articles of their 
        faith, have suffered both verbal and physical assaults as a 
        result of misguided anger toward Arab-Americans and Muslim-
        Americans in the wake of the September 11, 2001 terrorist 
        attack;
            (7) Sikh-Americans, as do all Americans, condemn acts of 
        prejudice against any American; and
            (8) Congress is seriously concerned by the number of crimes 
        against Sikh-Americans and other Americans all across the Nation 
        that have been reported in the wake of the tragic events that 
        unfolded on September 11, 2001.

    (b) Sense of Congress.--Congress--
            (1) declares that, in the quest to identify, locate, and 
        bring to justice the perpetrators and sponsors of the terrorist 
        attacks on the United States on September 11, 2001, the civil 
        rights and civil liberties of all Americans, including Sikh-
        Americans, should be protected;
            (2) condemns bigotry and any acts of violence or 
        discrimination against any Americans, including Sikh-Americans;
            (3) calls upon local and Federal law enforcement authorities 
        to work to prevent crimes against all Americans, including Sikh-
        Americans; and
            (4) calls upon local and Federal law enforcement authorities 
        to prosecute to the fullest extent of the law all those who 
        commit crimes.

SEC. 1003. DEFINITION OF ``ELECTRONIC SURVEILLANCE''.

    Section 101(f)(2) of the Foreign Intelligence Surveillance Act (50 
U.S.C. 1801(f)(2)) is amended by adding at the end before the semicolon 
the following: ``, but does not include the acquisition of those 
communications of computer trespassers that would be permissible under 
section 2511(2)(i) of title 18, United States Code''.

SEC. 1004. VENUE IN MONEY LAUNDERING CASES.

    Section 1956 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i) Venue.--(1) Except as provided in paragraph (2), a prosecution 
for an offense under this section or section 1957 may be brought in--
            ``(A) any district in which the financial or monetary 
        transaction is conducted; or
            ``(B) any district where a prosecution for the underlying 
        specified unlawful activity could be brought, if the defendant 
        participated in the transfer of the proceeds of the specified 
        unlawful activity from that district to the district where the 
        financial or monetary transaction is conducted.

    ``(2) A prosecution for an attempt or conspiracy offense under this 
section or section 1957 may be brought in the district where venue would 
lie for the completed offense under paragraph (1),

[[Page 115 STAT. 393]]

or in any other district where an act in furtherance of the attempt or 
conspiracy took place.
    ``(3) For purposes of this section, a transfer of funds from 1 place 
to another, by wire or any other means, shall constitute a single, 
continuing transaction. Any person who conducts (as that term is defined 
in subsection (c)(2)) any portion of the transaction may be charged in 
any district in which the transaction takes place.''.

SEC. 1005. &lt;&lt;NOTE: Inter-governmental relations. 28 USC 509 
            note.&gt;&gt; FIRST RESPONDERS ASSISTANCE ACT.

    (a) Grant Authorization.--The Attorney General shall make grants 
described in subsections (b) and (c) to States and units of local 
government to improve the ability of State and local law enforcement, 
fire department and first responders to respond to and prevent acts of 
terrorism.
    (b) Terrorism Prevention Grants.--Terrorism prevention grants under 
this subsection may be used for programs, projects, and other activities 
to--
            (1) hire additional law enforcement personnel dedicated to 
        intelligence gathering and analysis functions, including the 
        formation of full-time intelligence and analysis units;
            (2) purchase technology and equipment for intelligence 
        gathering and analysis functions, including wire-tap, pen links, 
        cameras, and computer hardware and software;
            (3) purchase equipment for responding to a critical 
        incident, including protective equipment for patrol officers 
        such as quick masks;
            (4) purchase equipment for managing a critical incident, 
        such as communications equipment for improved interoperability 
        among surrounding jurisdictions and mobile command posts for 
        overall scene management; and
            (5) fund technical assistance programs that emphasize 
        coordination among neighboring law enforcement agencies for 
        sharing resources, and resources coordination among law 
        enforcement agencies for combining intelligence gathering and 
        analysis functions, and the development of policy, procedures, 
        memorandums of understanding, and other best practices.

    (c) Antiterrorism Training Grants.--Antiterrorism training grants 
under this subsection may be used for programs, projects, and other 
activities to address--
            (1) intelligence gathering and analysis techniques;
            (2) community engagement and outreach;
            (3) critical incident management for all forms of terrorist 
        attack;
            (4) threat assessment capabilities;
            (5) conducting followup investigations; and
            (6) stabilizing a community after a terrorist incident.

    (d) Application.--
            (1) In general.--Each eligible entity that desires to 
        receive a grant under this section shall submit an application 
        to the Attorney General, at such time, in such manner, and 
        accompanied by such additional information as the Attorney 
        General may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and

[[Page 115 STAT. 394]]

                    (B) provide such additional assurances as the 
                Attorney General determines to be essential to ensure 
                compliance with the requirements of this section.

    (e) Minimum Amount.--If all applications submitted by a State or 
units of local government within that State have not been funded under 
this section in any fiscal year, that State, if it qualifies, and the 
units of local government within that State, shall receive in that 
fiscal year not less than 0.5 percent of the total amount appropriated 
in that fiscal year for grants under this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $25,000,000 for each of the fiscal years 2003 through 2007.

SEC. 1006. INADMISSIBILITY OF ALIENS ENGAGED IN MONEY LAUNDERING.

    (a) Amendment to Immigration and Nationality Act.--Section 212(a)(2) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended 
by adding at the end the following:
                    ``(I) Money laundering.--Any alien--
                          ``(i) who a consular officer or the Attorney 
                      General knows, or has reason to believe, has 
                      engaged, is engaging, or seeks to enter the United 
                      States to engage, in an offense which is described 
                      in section 1956 or 1957 of title 18, United States 
                      Code (relating to laundering of monetary 
                      instruments); or
                          ``(ii) who a consular officer or the Attorney 
                      General knows is, or has been, a knowing aider, 
                      abettor, assister, conspirator, or colluder with 
                      others in an offense which is described in such 
                      section;
                is inadmissible.''.

    (b) Money &lt;&lt;NOTE: Deadline. Records. Certification. 8 USC 1182 
note.&gt;&gt; Laundering Watchlist.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of State shall develop, 
implement, and certify to the Congress that there has been established a 
money laundering watchlist, which identifies individuals worldwide who 
are known or suspected of money laundering, which is readily accessible 
to, and shall be checked by, a consular or other Federal official prior 
to the issuance of a visa or admission to the United States. The 
Secretary of State shall develop and continually update the watchlist in 
cooperation with the Attorney General, the Secretary of the Treasury, 
and the Director of Central Intelligence.

SEC. 1007. AUTHORIZATION OF FUNDS FOR DEA POLICE TRAINING IN SOUTH AND 
            CENTRAL ASIA.

    In addition to amounts otherwise available to carry out section 481 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291), there is 
authorized to be appropriated to the President not less than $5,000,000 
for fiscal year 2002 for regional antidrug training in the Republic of 
Turkey by the Drug Enforcement Administration for police, as well as 
increased precursor chemical control efforts in the South and Central 
Asia region.

[[Page 115 STAT. 395]]

SEC. 1008. FEASIBILITY STUDY ON USE OF BIOMETRIC IDENTIFIER SCANNING 
            SYSTEM WITH ACCESS TO THE FBI INTEGRATED AUTOMATED 
            FINGERPRINT IDENTIFICATION SYSTEM AT OVERSEAS CONSULAR POSTS 
            AND POINTS OF ENTRY TO THE UNITED STATES.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of State and the Secretary of Transportation, shall conduct a 
study on the feasibility of utilizing a biometric identifier 
(fingerprint) scanning system, with access to the database of the 
Federal Bureau of Investigation Integrated Automated Fingerprint 
Identification System, at consular offices abroad and at points of entry 
into the United States to enhance the ability of State Department and 
immigration officials to identify aliens who may be wanted in connection 
with criminal or terrorist investigations in the United States or abroad 
prior to the issuance of visas or entry into the United States.
    (b) Report &lt;&lt;NOTE: Deadline.&gt;&gt; to Congress.--Not later than 90 days 
after the date of the enactment of this Act, the Attorney General shall 
submit a report summarizing the findings of the study authorized under 
subsection (a) to the Committee on International Relations and the 
Committee on the Judiciary of the House of Representatives and the 
Committee on Foreign Relations and the Committee on the Judiciary of the 
Senate.

SEC. 1009. STUDY OF ACCESS.

    (a) In &lt;&lt;NOTE: Deadline.&gt;&gt; General.--Not later than 120 days after 
enactment of this Act, the Federal Bureau of Investigation shall study 
and report to Congress on the feasibility of providing to airlines 
access via computer to the names of passengers who are suspected of 
terrorist activity by Federal officials.

    (b) Authorization.--There are authorized to be appropriated not more 
than $250,000 to carry out subsection (a).

SEC. 1010. &lt;&lt;NOTE: 10 USC 2465 note.&gt;&gt; TEMPORARY AUTHORITY TO CONTRACT 
            WITH LOCAL AND STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY 
            FUNCTIONS AT UNITED STATES MILITARY INSTALLATIONS.

    (a) In General.--Notwithstanding section 2465 of title 10, United 
States Code, during the period of time that United States armed forces 
are engaged in Operation Enduring Freedom, and for the period of 180 
days thereafter, funds appropriated to the Department of Defense may be 
obligated and expended for the purpose of entering into contracts or 
other agreements for the performance of security functions at any 
military installation or facility in the United States with a 
proximately located local or State government, or combination of such 
governments, whether or not any such government is obligated to provide 
such services to the general public without compensation.
    (b) Training.--Any contract or agreement entered into under this 
section shall prescribe standards for the training and other 
qualifications of local government law enforcement personnel who perform 
security functions under this section in accordance with criteria 
established by the Secretary of the service concerned.
    (c) Report.--One &lt;&lt;NOTE: Deadline.&gt;&gt; year after the date of 
enactment of this section, the Secretary of Defense shall submit a 
report to the Committees on Armed Services of the Senate and the House 
of Representatives describing the use of the authority granted under

[[Page 115 STAT. 396]]

this section and the use by the Department of Defense of other means to 
improve the performance of security functions on military installations 
and facilities located within the United States.

SEC. 1011. &lt;&lt;NOTE: Crimes Against Charitable Americans Act of 
            2001.&gt;&gt; CRIMES AGAINST CHARITABLE AMERICANS.

    (a) Short &lt;&lt;NOTE: 15 USC 6101 note.&gt;&gt; Title.--This section may be 
cited as the ``Crimes Against Charitable Americans Act of 2001''.

    (b) Telemarketing and Consumer Fraud Abuse.--The Telemarketing and 
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.) is 
amended--
            (1) in section 3(a)(2), &lt;&lt;NOTE: 15 USC 6102.&gt;&gt; by inserting 
        after ``practices'' the second place it appears the following: 
        ``which shall include fraudulent charitable solicitations, 
        and'';
            (2) in section 3(a)(3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) a requirement that any person engaged in 
                telemarketing for the solicitation of charitable 
                contributions, donations, or gifts of money or any other 
                thing of value, shall promptly and clearly disclose to 
                the person receiving the call that the purpose of the 
                call is to solicit charitable contributions, donations, 
                or gifts, and make such other disclosures as the 
                Commission considers appropriate, including the name and 
                mailing address of the charitable organization on behalf 
                of which the solicitation is made.''; and
            (3) &lt;&lt;NOTE: 15 USC 6106.&gt;&gt; in section 7(4), by inserting ``, 
        or a charitable contribution, donation, or gift of money or any 
        other thing of value,'' after ``services''.

    (c) Red Cross Members or Agents.--Section 917 of title 18, United 
States Code, is amended by striking ``one year'' and inserting ``5 
years''.
    (d) Telemarketing Fraud.--Section 2325(1) of title 18, United States 
Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the comma at the end 
        and inserting ``; or'';
            (3) by inserting after subparagraph (B) the following:
                    ``(C) a charitable contribution, donation, or gift 
                of money or any other thing of value,''; and
            (4) in the flush language, by inserting ``or charitable 
        contributor, or donor'' after ``participant''.

SEC. 1012. &lt;&lt;NOTE: Inter-governmental relations.&gt;&gt; LIMITATION ON 
            ISSUANCE OF HAZMAT LICENSES.

    (a) Limitation.--
            (1) In general.--Chapter 51 of title 49, United States Code, 
        is amended by inserting after section 5103 the following new 
        section:

``Sec. 5103a. Limitation on issuance of hazmat licenses

    ``(a) Limitation.--
            ``(1) Issuance of licenses.--A State may not issue to any 
        individual a license to operate a motor vehicle transporting in 
        commerce a hazardous material unless the Secretary of

[[Page 115 STAT. 397]]

        Transportation has first determined, upon receipt of a 
        notification under subsection (c)(1)(B), that the individual 
        does not pose a security risk warranting denial of the license.
            ``(2) Renewals included.--For the purposes of this section, 
        the term `issue', with respect to a license, includes renewal of 
        the license.

    ``(b) Hazardous Materials Described.--The limitation in subsection 
(a) shall apply with respect to--
            ``(1) any material defined as a hazardous material by the 
        Secretary of Transportation; and
            ``(2) any chemical or biological material or agent 
        determined by the Secretary of Health and Human Services or the 
        Attorney General as being a threat to the national security of 
        the United States.

    ``(c) Background Records Check.--
            ``(1) In general.--Upon the request of a State regarding 
        issuance of a license described in subsection (a)(1) to an 
        individual, the Attorney General--
                    ``(A) shall carry out a background records check 
                regarding the individual; and
                    ``(B) upon completing the background records check, 
                shall notify the Secretary of Transportation of the 
                completion and results of the background records check.
            ``(2) Scope.--A background records check regarding an 
        individual under this subsection shall consist of the following:
                    ``(A) A check of the relevant criminal history data 
                bases.
                    ``(B) In the case of an alien, a check of the 
                relevant data bases to determine the status of the alien 
                under the immigration laws of the United States.
                    ``(C) As appropriate, a check of the relevant 
                international data bases through Interpol-U.S. National 
                Central Bureau or other appropriate means.

    ``(d) Reporting Requirement.--Each State shall submit to the 
Secretary of Transportation, at such time and in such manner as the 
Secretary may prescribe, the name, address, and such other information 
as the Secretary may require, concerning--
            ``(1) each alien to whom the State issues a license 
        described in subsection (a); and
            ``(2) each other individual to whom such a license is 
        issued, as the Secretary may require.

    ``(e) Alien Defined.--In this section, the term `alien' has the 
meaning given the term in section 101(a)(3) of the Immigration and 
Nationality Act.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the item 
        relating to section 5103 the following new item:

``5103a. Limitation on issuance of hazmat licenses.''.

    (b) Regulation of Driver Fitness.--Section 31305(a)(5) of title 49, 
United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by inserting ``and'' at the end of subparagraph (B); and
            (3) by adding at the end the following new subparagraph:
                    ``(C) is licensed by a State to operate the vehicle 
                after having first been determined under section 5103a 
                of this title as not posing a security risk warranting 
                denial of the license.''.

[[Page 115 STAT. 398]]

    (c) Authorization &lt;&lt;NOTE: 49 USC 5103a note.&gt;&gt; of Appropriations.--
There is authorized to be appropriated for the Department of 
Transportation and the Department of Justice such amounts as may be 
necessary to carry out section 5103a of title 49, United States Code, as 
added by subsection (a).

SEC. 1013. EXPRESSING THE SENSE OF THE SENATE CONCERNING THE PROVISION 
            OF FUNDING FOR BIOTERRORISM PREPAREDNESS AND RESPONSE.

    (a) Findings.--The Senate finds the following:
            (1) Additional steps must be taken to better prepare the 
        United States to respond to potential bioterrorism attacks.
            (2) The threat of a bioterrorist attack is still remote, but 
        is increasing for a variety of reasons, including--
                    (A) public pronouncements by Osama bin Laden that it 
                is his religious duty to acquire weapons of mass 
                destruction, including chemical and biological weapons;
                    (B) the callous disregard for innocent human life as 
                demonstrated by the terrorists' attacks of September 11, 
                2001;
                    (C) the resources and motivation of known terrorists 
                and their sponsors and supporters to use biological 
                warfare;
                    (D) recent scientific and technological advances in 
                agent delivery technology such as aerosolization that 
                have made weaponization of certain germs much easier; 
                and
                    (E) the increasing access to the technologies and 
                expertise necessary to construct and deploy chemical and 
                biological weapons of mass destruction.
            (3) Coordination of Federal, State, and local terrorism 
        research, preparedness, and response programs must be improved.
            (4) States, local areas, and public health officials must 
        have enhanced resources and expertise in order to respond to a 
        potential bioterrorist attack.
            (5) National, State, and local communication capacities must 
        be enhanced to combat the spread of chemical and biological 
        illness.
            (6) Greater resources must be provided to increase the 
        capacity of hospitals and local health care workers to respond 
        to public health threats.
            (7) Health care professionals must be better trained to 
        recognize, diagnose, and treat illnesses arising from 
        biochemical attacks.
            (8) Additional supplies may be essential to increase the 
        readiness of the United States to respond to a bio-attack.
            (9) Improvements must be made in assuring the safety of the 
        food supply.
            (10) New vaccines and treatments are needed to assure that 
        we have an adequate response to a biochemical attack.
            (11) Government research, preparedness, and response 
        programs need to utilize private sector expertise and resources.
            (12) Now is the time to strengthen our public health system 
        and ensure that the United States is adequately prepared to 
        respond to potential bioterrorist attacks, natural infectious 
        disease outbreaks, and other challenges and potential threats to 
        the public health.

[[Page 115 STAT. 399]]

    (b) Sense of the Senate.--It is the sense of the Senate that the 
United States should make a substantial new investment this year toward 
the following:
            (1) Improving State and local preparedness capabilities by 
        upgrading State and local surveillance epidemiology, assisting 
        in the development of response plans, assuring adequate staffing 
        and training of health professionals to diagnose and care for 
        victims of bioterrorism, extending the electronics 
        communications networks and training personnel, and improving 
        public health laboratories.
            (2) Improving hospital response capabilities by assisting 
        hospitals in developing plans for a bioterrorist attack and 
        improving the surge capacity of hospitals.
            (3) Upgrading the bioterrorism capabilities of the Centers 
        for Disease Control and Prevention through improving rapid 
        identification and health early warning systems.
            (4) Improving disaster response medical systems, such as the 
        National Disaster Medical System and the Metropolitan Medical 
        Response System and Epidemic Intelligence Service.
            (5) Targeting research to assist with the development of 
        appropriate therapeutics and vaccines for likely bioterrorist 
        agents and assisting with expedited drug and device review 
        through the Food and Drug Administration.
            (6) Improving the National Pharmaceutical Stockpile program 
        by increasing the amount of necessary therapies (including 
        smallpox vaccines and other post-exposure vaccines) and ensuring 
        the appropriate deployment of stockpiles.
            (7) Targeting activities to increase food safety at the Food 
        and Drug Administration.
            (8) Increasing international cooperation to secure dangerous 
        biological agents, increase surveillance, and retrain biological 
        warfare specialists.

SEC. 1014. &lt;&lt;NOTE: 42 USC 3711.&gt;&gt; GRANT PROGRAM FOR STATE AND LOCAL 
            DOMESTIC PREPAREDNESS SUPPORT.

    (a) In General.--The Office for State and Local Domestic 
Preparedness Support of the Office of Justice Programs shall make a 
grant to each State, which shall be used by the State, in conjunction 
with units of local government, to enhance the capability of State and 
local jurisdictions to prepare for and respond to terrorist acts 
including events of terrorism involving weapons of mass destruction and 
biological, nuclear, radiological, incendiary, chemical, and explosive 
devices.
    (b) Use of Grant Amounts.--Grants under this section may be used to 
purchase needed equipment and to provide training and technical 
assistance to State and local first responders.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section such sums as necessary for each of fiscal 
        years 2002 through 2007.
            (2) Limitations.--Of the amount made available to carry out 
        this section in any fiscal year not more than 3 percent may be 
        used by the Attorney General for salaries and administrative 
        expenses.
            (3) Minimum amount.--Each State shall be allocated in each 
        fiscal year under this section not less than 0.75 percent of the 
        total amount appropriated in the fiscal year for grants

[[Page 115 STAT. 400]]

        pursuant to this section, except that the United States Virgin 
        Islands, America Samoa, Guam, and the Northern Mariana Islands 
        each shall be allocated 0.25 percent.

SEC. 1015. EXPANSION AND REAUTHORIZATION OF THE CRIME IDENTIFICATION 
            TECHNOLOGY ACT FOR ANTITERRORISM GRANTS TO STATES AND 
            LOCALITIES.

    Section 102 of the Crime Identification Technology Act of 1998 (42 
U.S.C. 14601) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (16), by striking ``and'' at the 
                end;
                    (B) in paragraph (17), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(18) notwithstanding subsection (c), antiterrorism 
        purposes as they relate to any other uses under this section or 
        for other antiterrorism programs.''; and
            (2) in subsection (e)(1), by striking ``this section'' and 
        all that follows and inserting ``this section $250,000,000 for 
        each of fiscal years 2002 through 2007.''.

SEC. 1016. &lt;&lt;NOTE: Critical Infrastructure Protection Act of 2001. 42 
            USC 5195c.&gt;&gt; CRITICAL INFRASTRUCTURES PROTECTION.

    (a) Short Title.--This section may be cited as the ``Critical 
Infrastructures Protection Act of 2001''.
    (b) Findings.--Congress makes the following findings:
            (1) The information revolution has transformed the conduct 
        of business and the operations of government as well as the 
        infrastructure relied upon for the defense and national security 
        of the United States.
            (2) Private business, government, and the national security 
        apparatus increasingly depend on an interdependent network of 
        critical physical and information infrastructures, including 
        telecommunications, energy, financial services, water, and 
        transportation sectors.
            (3) A continuous national effort is required to ensure the 
        reliable provision of cyber and physical infrastructure services 
        critical to maintaining the national defense, continuity of 
        government, economic prosperity, and quality of life in the 
        United States.
            (4) This national effort requires extensive modeling and 
        analytic capabilities for purposes of evaluating appropriate 
        mechanisms to ensure the stability of these complex and 
        interdependent systems, and to underpin policy recommendations, 
        so as to achieve the continuous viability and adequate 
        protection of the critical infrastructure of the Nation.

    (c) Policy of the United States.--It is the policy of the United 
States--
            (1) that any physical or virtual disruption of the operation 
        of the critical infrastructures of the United States be rare, 
        brief, geographically limited in effect, manageable, and 
        minimally detrimental to the economy, human and government 
        services, and national security of the United States;
            (2) that actions necessary to achieve the policy stated in 
        paragraph (1) be carried out in a public-private partnership 
        involving corporate and non-governmental organizations; and
            (3) to have in place a comprehensive and effective program 
        to ensure the continuity of essential Federal Government 
        functions under all circumstances.

[[Page 115 STAT. 401]]

    (d) Establishment of National Competence for Critical Infrastructure 
Protection.--
            (1) Support of critical infrastructure protection and 
        continuity by national infrastructure simulation and analysis 
        center.--There shall be established the National Infrastructure 
        Simulation and Analysis Center (NISAC) to serve as a source of 
        national competence to address critical infrastructure 
        protection and continuity through support for activities related 
        to counterterrorism, threat assessment, and risk mitigation.
            (2) Particular support.--The support provided under 
        paragraph (1) shall include the following:
                    (A) Modeling, simulation, and analysis of the 
                systems comprising critical infrastructures, including 
                cyber infrastructure, telecommunications infrastructure, 
                and physical infrastructure, in order to enhance 
                understanding of the large-scale complexity of such 
                systems and to facilitate modification of such systems 
                to mitigate the threats to such systems and to critical 
                infrastructures generally.
                    (B) Acquisition from State and local governments and 
                the private sector of data necessary to create and 
                maintain models of such systems and of critical 
                infrastructures generally.
                    (C) Utilization of modeling, simulation, and 
                analysis under subparagraph (A) to provide education and 
                training to policymakers on matters relating to--
                          (i) the analysis conducted under that 
                      subparagraph;
                          (ii) the implications of unintended or 
                      unintentional disturbances to critical 
                      infrastructures; and
                          (iii) responses to incidents or crises 
                      involving critical infrastructures, including the 
                      continuity of government and private sector 
                      activities through and after such incidents or 
                      crises.
                    (D) Utilization of modeling, simulation, and 
                analysis under subparagraph (A) to provide 
                recommendations to policymakers, and to departments and 
                agencies of the Federal Government and private sector 
                persons and entities upon request, regarding means of 
                enhancing the stability of, and preserving, critical 
                infrastructures.
            (3) Recipient of certain support.--Modeling, simulation, and 
        analysis provided under this subsection shall be provided, in 
        particular, to relevant Federal, State, and local entities 
        responsible for critical infrastructure protection and policy.

    (e) Critical Infrastructure Defined.--In this section, the term 
``critical infrastructure'' means systems and assets, whether physical 
or virtual, so vital to the United States that the incapacity or 
destruction of such systems and assets would have a debilitating impact 
on security, national economic security, national public health or 
safety, or any combination of those matters.

[[Page 115 STAT. 402]]

    (f) Authorization of Appropriations.--There is hereby authorized for 
the Department of Defense for fiscal year 2002, $20,000,000 for the 
Defense Threat Reduction Agency for activities of the National 
Infrastructure Simulation and Analysis Center under this section in that 
fiscal year.

    Approved October 26, 2001.

LEGISLATIVE HISTORY--H.R. 3162:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 147 (2001):
            Oct. 23, 24, considered and passed House.
            Oct. 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
            Oct. 26, Presidential remarks.

                                  &lt;all&gt;
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